093_SB0487enr

 
SB487 Enrolled                       LRB093 05120 AMC 05180 b

 1        AN ACT in relation to the regulation of professions.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4                     ARTICLE 5. GENERAL PROVISIONS.

 5        Section  5-5.  Short  title;  Act  supersedes the Private
 6    Detective, Private Alarm, Private Security, and Locksmith Act
 7    of 1993. This Act may be  cited  as  the  Private  Detective,
 8    Private  Alarm,  Private  Security, and Locksmith Act of 2004
 9    and it  supersedes  the  Private  Detective,  Private  Alarm,
10    Private  Security, and Locksmith Act of 1993 repealed by this
11    Act.

12        Section 5-10.  Definitions. As used in this Act:
13        "Advertisement"  means  any  printed  material  that   is
14    published  in  a  phone  book, newspaper, magazine, pamphlet,
15    newsletter, or other similar  type  of  publication  that  is
16    intended to either attract business or merely provide contact
17    information   to  the  public  for  an  agency  or  licensee.
18    Advertisement shall  include  any  material  disseminated  by
19    printed or electronic means or media, but shall not include a
20    licensee's  or  an  agency's  letterhead,  business cards, or
21    other stationery used in routine business  correspondence  or
22    customary  name,  address,  and  number  type  listings  in a
23    telephone directory.
24        "Alarm system" means any system, including an  electronic
25    access   control  system,  a  surveillance  video  system,  a
26    security video system, a burglar alarm system, a  fire  alarm
27    system,  or  any  other  electronic system, that activates an
28    audible, visible, remote, or recorded signal that is designed
29    for the protection or detection of intrusion,  entry,  theft,
30    fire, vandalism, escape, or trespass.
 
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 1        "Armed  employee"  means  a licensee or registered person
 2    who is employed by an agency licensed or an armed proprietary
 3    security force registered under this Act who carries a weapon
 4    while engaged in the performance of  official  duties  within
 5    the  course  and  scope  of  his or her employment during the
 6    hours and times the employee  is  scheduled  to  work  or  is
 7    commuting  between  his  or  her home or place of employment,
 8    provided that commuting is accomplished within one hour  from
 9    departure from home or place of employment.
10        "Armed proprietary security force" means a security force
11    made up of 5 or more armed individuals employed by a private,
12    commercial,  or  industrial  operation  or  one or more armed
13    individuals employed by a financial institution  as  security
14    officers for the protection of persons or property.
15        "Board"  means  the  Private  Detective,  Private  Alarm,
16    Private Security, and Locksmith Board.
17        "Branch  office"  means  a business location removed from
18    the place of business for which an agency  license  has  been
19    issued,  including  but not limited to locations where active
20    employee records that are required  to  be  maintained  under
21    this  Act  are  kept,  where  prospective  new  employees are
22    processed, or where members of the public are invited  in  to
23    transact business. A branch office does not include an office
24    or  other  facility  located  on  the property of an existing
25    client that is utilized solely for the benefit of that client
26    and is not owned or leased by the agency.
27        "Corporation" means an artificial person or legal  entity
28    created  by  or  under  the authority of the laws of a state,
29    including without limitation a corporation, limited liability
30    company, or any other legal entity.
31        "Department"  means  the   Department   of   Professional
32    Regulation.
33        "Director" means the Director of Professional Regulation.
34        "Employee"  means  a  person  who  works  for a person or
 
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 1    agency that has the right to control the details of the  work
 2    performed and is not dependent upon whether or not federal or
 3    state payroll taxes are withheld.
 4        "Fire alarm system" means any system that is activated by
 5    an  automatic  or  manual  device  in the detection of smoke,
 6    heat, or fire that activates an audible, visible,  or  remote
 7    signal requiring a response.
 8        "Firearm  authorization  card" means a card issued by the
 9    Department that authorizes  the  holder  to  carry  a  weapon
10    during  the  performance of his or her duties as specified in
11    this Act.
12        "Firm" means an unincorporated business entity, including
13    but not limited to proprietorships and partnerships.
14        "Locksmith" means a person who engages in a  business  or
15    holds  himself  out to the public as providing a service that
16    includes, but is not limited to, the  servicing,  installing,
17    originating  first  keys,  re-coding, repairing, maintaining,
18    manipulating, or bypassing  of  a  mechanical  or  electronic
19    locking  device,  access control or video surveillance system
20    at premises, vehicles, safes, vaults, safe deposit boxes,  or
21    automatic teller machines.
22        "Locksmith  agency" means a person, firm, corporation, or
23    other legal entity that engages in the locksmith business and
24    employs, in addition to the locksmith licensee-in-charge,  at
25    least one other person in conducting such business.
26        "Locksmith  licensee-in-charge"  means  a  person who has
27    been designated by agency to be the licensee-in-charge of  an
28    agency,  who  is a full-time management employee or owner who
29    assumes  sole  responsibility  for  maintaining  all  records
30    required by this Act, and who assumes sole responsibility for
31    assuring  the   licensed   agency's   compliance   with   its
32    responsibilities as stated in this Act.  The Department shall
33    adopt  rules  mandating  licensee-in-charge  participation in
34    agency affairs.
 
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 1        "Peace officer" or "police officer" means a  person  who,
 2    by  virtue  of  office or public employment, is vested by law
 3    with a duty to maintain public order or to make  arrests  for
 4    offenses,  whether  that  duty  extends to all offenses or is
 5    limited to specific offenses. Officers, agents, or  employees
 6    of  the federal government commissioned by federal statute to
 7    make arrests for violations of federal  laws  are  considered
 8    peace officers.
 9        "Permanent  employee  registration  card"  means  a  card
10    issued  by the Department to an individual who has applied to
11    the Department and meets the requirements for employment by a
12    licensed agency under this Act.
13        "Person" means a natural person.
14        "Private alarm contractor" means a person who engages  in
15    a  business  that  individually or through others undertakes,
16    offers  to  undertake,  purports  to  have  the  capacity  to
17    undertake, or  submits  a  bid  to  sell,  install,  monitor,
18    maintain,  alter, repair, replace, or service alarm and other
19    security-related systems or  parts  thereof,  including  fire
20    alarm  systems,  at  protected  premises  or  premises  to be
21    protected  or  responds  to  alarm  systems  at  a  protected
22    premises on  an  emergency  basis  and  not  as  a  full-time
23    security   officer.   "Private  alarm  contractor"  does  not
24    include a person, firm, or corporation that  manufactures  or
25    sells  alarm systems only from its place of business and does
26    not sell, install, monitor, maintain, alter, repair, replace,
27    service, or respond to alarm systems at protected premises or
28    premises to be protected.
29        "Private  alarm  contractor  agency"  means   a   person,
30    corporation,  or  other  entity  that  engages in the private
31    alarm contracting business and employs, in  addition  to  the
32    private alarm contractor-in-charge, at least one other person
33    in conducting such business.
34        "Private  alarm  contractor  licensee-in-charge"  means a
 
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 1    person who has  been  designated  by  an  agency  to  be  the
 2    licensee-in-charge   of   an   agency,  who  is  a  full-time
 3    management employee or owner who assumes sole  responsibility
 4    for  maintaining  all  records  required by this Act, and who
 5    assumes  sole  responsibility  for  assuring   the   licensed
 6    agency's  compliance  with  its responsibilities as stated in
 7    this  Act.  The  Department  shall  adopt   rules   mandating
 8    licensee-in-charge participation in agency affairs.
 9        "Private  detective"  means  any person who by any means,
10    including but not limited to manual  or  electronic  methods,
11    engages in the business of, accepts employment to furnish, or
12    agrees  to  make  or  makes investigations for a fee or other
13    consideration to obtain information relating to:
14             (1)  Crimes or wrongs done or threatened against the
15        United States, any  state  or  territory  of  the  United
16        States, or any local government of a state or territory.
17             (2)  The   identity,   habits,   conduct,   business
18        occupation,  honesty,  integrity, credibility, knowledge,
19        trustworthiness,    efficiency,    loyalty,     activity,
20        movements,   whereabouts,   affiliations,   associations,
21        transactions,  acts,  reputation,  or  character  of  any
22        person,  firm,  or  other  entity by any means, manual or
23        electronic.
24             (3)  The location, disposition, or recovery of  lost
25        or stolen property.
26             (4)  The cause, origin, or responsibility for fires,
27        accidents, or injuries to individuals or real or personal
28        property.
29             (5)  The  truth  or  falsity  of  any  statement  or
30        representation.
31             (6)  Securing  evidence to be used before any court,
32        board, or investigating body.
33             (7)  The protection of individuals from bodily  harm
34        or death (bodyguard functions).
 
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 1             (8)  Service   of  process  in  criminal  and  civil
 2        proceedings without court order.
 3        "Private  detective  agency"  means   a   person,   firm,
 4    corporation,  or  other  legal  entity  that  engages  in the
 5    private detective business and employs, in  addition  to  the
 6    licensee-in-charge,  one  or  more persons in conducting such
 7    business.
 8        "Private detective licensee-in-charge" means a person who
 9    has been designated by an agency to be the licensee-in-charge
10    of an agency, who is a full-time management employee or owner
11    who assumes sole responsibility for maintaining  all  records
12    required by this Act, and who assumes sole responsibility for
13    assuring   the   licensed   agency's   compliance   with  its
14    responsibilities as stated in this Act.  The Department shall
15    adopt rules  mandating  licensee-in-charge  participation  in
16    agency affairs.
17        "Private  security contractor" means a person who engages
18    in the business of  providing  a  private  security  officer,
19    watchman,  patrol, or a similar service by any other title or
20    name  on  a  contractual  basis  for  another  person,  firm,
21    corporation, or other entity for a fee or other consideration
22    and performing one or more of the following functions:
23             (1)  The  prevention  or  detection  of   intrusion,
24        entry,  theft,  vandalism,  abuse,  fire,  or trespass on
25        private or governmental property.
26             (2)  The prevention, observation,  or  detection  of
27        any  unauthorized  activity  on  private  or governmental
28        property.
29             (3)  The protection of persons authorized to  be  on
30        the  premises  of  the  person, firm, or other entity for
31        which  the  security  contractor  contractually  provides
32        security services.
33             (4)  The  prevention  of  the  misappropriation   or
34        concealment   of  goods,  money,  bonds,  stocks,  notes,
 
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 1        documents, or papers.
 2             (5)  The control, regulation, or  direction  of  the
 3        movement of the public for the time specifically required
 4        for the protection of property owned or controlled by the
 5        client.
 6             (6)  The  protection of individuals from bodily harm
 7        or death (bodyguard functions).
 8        "Private security  contractor  agency"  means  a  person,
 9    firm,  corporation, or other legal entity that engages in the
10    private security contractor business  and  that  employs,  in
11    addition  to  the  licensee-in-charge, one or more persons in
12    conducting such business.
13        "Private security contractor licensee-in-charge" means  a
14    person  who  has  been  designated  by  an  agency  to be the
15    licensee-in-charge  of  an  agency,  who   is   a   full-time
16    management  employee or owner who assumes sole responsibility
17    for maintaining all records required by  this  Act,  and  who
18    assumes   sole   responsibility  for  assuring  the  licensed
19    agency's compliance with its responsibilities  as  stated  in
20    this   Act.   The  Department  shall  adopt  rules  mandating
21    licensee-in-charge participation in agency affairs.
22        "Public member" means a person who is not a  licensee  or
23    related  to a licensee, or who is not an employer or employee
24    of a licensee. The term "related to" shall be  determined  by
25    the rules of the Department.

26        Section  5-15.  Legislative  intent.  The  intent  of the
27    General Assembly in enacting  this  statute  is  to  regulate
28    persons,  corporations, and firms licensed under this Act for
29    the protection of the public. These practices are declared to
30    affect the public health, safety, and welfare and are subject
31    to  State  regulation  and  licensure.  This  Act  shall   be
32    construed to carry out these purposes.
 
SB487 Enrolled             -8-       LRB093 05120 AMC 05180 b
 1              ARTICLE 10. GENERAL LICENSING PROVISIONS.

 2        Section 10-5.  Requirement of license.
 3        (a)  It is unlawful for a person to act as or provide the
 4    functions   of   a   private   detective,   private  security
 5    contractor, private alarm  contractor,  or  locksmith  or  to
 6    advertise  or to assume to act as any one of these, or to use
 7    these or any other title implying that the person is  engaged
 8    in  any  of  these  activities unless licensed as such by the
 9    Department. An individual or sole  proprietor  who  does  not
10    employ  any  employees  other  than  himself  or  herself may
11    operate  under  a  "doing  business  as"  or   assumed   name
12    certification  without having to obtain an agency license, so
13    long as  the  assumed  name  is  first  registered  with  the
14    Department.
15        (b)  It  is  unlawful for a person, firm, corporation, or
16    other legal entity to act as an agency  licensed  under  this
17    Act,  to  advertise, or to assume to act as a licensed agency
18    or to use a title implying that the person,  firm,  or  other
19    entity  is  engaged  in  the  practice as a private detective
20    agency, private security  contractor  agency,  private  alarm
21    contractor agency, or locksmith agency unless licensed by the
22    Department.
23        (c)  No  agency  shall  operate  a  branch office without
24    first applying for and receiving a branch office license  for
25    each location.

26        Section  10-10.  General  exemptions.  This  Act does not
27    apply to any of the following:
28             (1)  A person, firm, or corporation engaging in fire
29        protection engineering, including  the  design,  testing,
30        and inspection of fire protection systems.
31             (2)  The  practice  of  professional  engineering as
32        defined in the Professional Engineering Practice  Act  of
 
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 1        1989.
 2             (3)  The   practice  of  structural  engineering  as
 3        defined in the Structural  Engineering  Practice  Act  of
 4        1989.
 5             (4)  The  practice of architecture as defined in the
 6        Illinois Architecture Practice Act of 1989.
 7             (5)  The activities of  persons  or  firms  licensed
 8        under  the Illinois Public Accounting Act if performed in
 9        the course of their professional practice.
10             (6)  An attorney licensed to  practice  in  Illinois
11        while engaging in the practice of law.
12             (7)  A  person engaged exclusively and employed by a
13        person, firm, association, or corporation in the business
14        of  transporting  persons  or  property   in   interstate
15        commerce  and  making  an  investigation  related  to the
16        business of that employer.

17        Section 10-20.  Application for license; forms.
18        (a)  Each license application shall be on forms  provided
19    by the Department.
20        (b)  Application  for  a  license by endorsement shall be
21    made in accordance with the provisions of Section 10-40.
22        (c)  Every  application  for  an  original,  renewal,  or
23    restored  license  shall  include  the   applicant's   Social
24    Security number.

25        Section 10-25.  Issuance of license; renewal; fees.
26        (a)  The   Department   shall,   upon   the   applicant's
27    satisfactory completion of the requirements set forth in this
28    Act and upon receipt of the fee, issue the license indicating
29    the  name  and business location of the licensee and the date
30    of expiration.
31        (b)  An applicant may, upon  satisfactory  completion  of
32    the  requirements  set  forth in this Act and upon receipt of
 
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 1    fees related to the application and  testing  for  licensure,
 2    elect  to  defer  the  issuance  of  the  applicant's initial
 3    license for a period not longer than 6  years.  An  applicant
 4    who  fails  to request issuance of his or her initial license
 5    or agency license and to remit the  fees  required  for  that
 6    license  within  6  years  shall  be  required to resubmit an
 7    application together with all required fees.
 8        (c)  The expiration date, renewal period, and  conditions
 9    for  renewal  and  restoration  of  each  license,  permanent
10    employee  registration  card,  and firearm authorization card
11    shall be set by rule.  The  holder  may  renew  the  license,
12    permanent    employee    registration    card,   or   firearm
13    authorization  card  during  the  30   days   preceding   its
14    expiration   by  paying  the  required  fee  and  by  meeting
15    conditions that  the  Department  may  specify.  Any  license
16    holder who notifies the Department on forms prescribed by the
17    Department  may  place  his or her license on inactive status
18    for a period of not longer than 6 years and shall, subject to
19    the rules of the  Department,  be  excused  from  payment  of
20    renewal   fees   until   the   license  holder  notifies  the
21    Department, in writing, of  an  intention  to  resume  active
22    status.   Practice   while  on  inactive  status  constitutes
23    unlicensed practice. A non-renewed license  that  has  lapsed
24    for  less  than  6  years may be restored upon payment of the
25    restoration fee and all lapsed renewal fees. A  license  that
26    has  lapsed  for  more than 6 years may be restored by paying
27    the required restoration fee and all lapsed renewal fees  and
28    by  providing  evidence  of  competence  to  resume  practice
29    satisfactory  to  the  Department  and  the  Board, which may
30    include passing a written examination. All  restoration  fees
31    and  lapsed  renewal  fees  shall  be waived for an applicant
32    whose license lapsed while on active duty in the armed forces
33    of the United States if application for restoration  is  made
34    within 12 months after discharge from the service.
 
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 1        (d)  Any permanent employee registration card expired for
 2    less  than  one  year  may be restored upon payment of lapsed
 3    renewal  fees.   Any  permanent  employee  registration  card
 4    expired for one year  or  more  may  be  restored  by  making
 5    application  to the Department and filing proof acceptable to
 6    the  Department  of  the  licensee's  fitness  to  have   the
 7    permanent  employee  registration  card  restored,  including
 8    verification of fingerprint processing through the Department
 9    of  State  Police  and  Federal  Bureau  of Investigation and
10    paying the restoration fee.

11        Section 10-30.  Unlawful  acts.  It  is  unlawful  for  a
12    licensee or an employee of a licensed agency:
13             (1)  Upon  termination  of employment by the agency,
14        to fail to return upon  demand  or  within  72  hours  of
15        termination  of  employment  any  firearm  issued  by the
16        employer   together   with   the    employee's    firearm
17        authorization card.
18             (2)  Upon  termination  of employment by the agency,
19        to fail to return  within  72  hours  of  termination  of
20        employment  any  uniform,  badge, identification card, or
21        equipment issued, but not sold, to the  employee  by  the
22        agency.
23             (3)  To falsify the employee's statement required by
24        this Act.
25             (4)  To  have  a badge, shoulder patch, or any other
26        identification that contains the words "law enforcement".
27        In addition, no license holder or employee of a  licensed
28        agency  shall  in  any manner imply that the person is an
29        employee or agent of a governmental agency or  display  a
30        badge  or  identification card, emblem, or uniform citing
31        the words "police", "sheriff", "highway patrol  trooper",
32        or "law enforcement".
 
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 1        Section  10-35.  Examination of applicants; forfeiture of
 2    fee.
 3        (a)  Applicants  for  licensure  shall  be  examined   as
 4    provided by this Section if they are qualified to be examined
 5    under  this  Act. All applicants taking the examination shall
 6    be evaluated using the  same  standards  as  others  who  are
 7    examined for the respective license.
 8        (b)  Examinations  for  licensure  shall  be held at such
 9    time and place as the Department may determine, but shall  be
10    held at least twice a year.
11        (c)  Examinations  shall test the amount of knowledge and
12    skill needed to perform the duties set forth in this Act  and
13    be  in  the  interest  of  the  protection of the public. The
14    Department may  contract  with  a  testing  service  for  the
15    preparation and conduct of the examination.
16        (d)  If  an applicant neglects, fails, or refuses to take
17    an examination within one year after filing  an  application,
18    the  fee shall be forfeited. However, an applicant may, after
19    the one-year period, make a new application for  examination,
20    accompanied  by  the  required  fee. If an applicant fails to
21    pass  the  examination  within  3  years  after   filing   an
22    application,  the  application  shall be denied. An applicant
23    may make a new application after the 3-year period.

24        Section 10-40.  Licensure by endorsement. The  Department
25    shall  promulgate  rules for licensure by endorsement without
26    examination and may license under this Act  upon  payment  of
27    the  fee an applicant who is registered or licensed under the
28    laws  of  another  state,  territory,  or  country   if   the
29    requirements   for   registration   or   licensure   in   the
30    jurisdiction   in   which   the  applicant  was  licensed  or
31    registered were, at the date of his or  her  registration  or
32    licensure,  substantially  equal  to the requirements then in
33    force in Illinois and  that  state  or  country  has  similar
 
SB487 Enrolled             -13-      LRB093 05120 AMC 05180 b
 1    requirements  for  licensure  or registration by endorsement.
 2    Applicants have 3 years  from  the  date  of  application  to
 3    complete the application process. If the process has not been
 4    completed  in  3  years, the application shall be denied, the
 5    fee forfeited, and the applicant must re-apply and  meet  the
 6    requirements in effect at the time of reapplication.

 7        Section  10-45.  Emergency  care without a fee. A license
 8    holder, agency, or registered employee of a private  security
 9    contractor,  as  defined  in Section 5-10 of this Act, who in
10    good faith provides emergency care without fee to any  person
11    or  takes  actions  in good faith that directly relate to the
12    employee's  job  responsibilities  to  protect   people   and
13    property,  as  defined  by  the  areas  in  which  registered
14    security  officers  receive training under Sections 20-20 and
15    25-20 shall not, as a result of his or her acts or omissions,
16    except willful and wanton misconduct, in providing the  care,
17    be liable to a person to whom such care is provided for civil
18    damages.

19                   ARTICLE 15. PRIVATE DETECTIVES.

20        Section   15-5.  Exemptions;   private   detective.   The
21    provisions  of  this Act relating to the licensure of private
22    detectives do not apply to any of the following:
23             (1)  An employee of the United States, Illinois,  or
24        a  political  subdivision of either while the employee is
25        engaged in the performance of his or her official  duties
26        within  the  scope of his or her employment. However, any
27        such person who offers his or her services as  a  private
28        detective or uses a similar title when these services are
29        performed   for   compensation  or  other  consideration,
30        whether received directly or indirectly,  is  subject  to
31        this Act.
 
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 1             (2)  A   person,   firm,  or  other  entity  engaged
 2        exclusively in tracing and compiling lineage or  ancestry
 3        who  does not hold himself or herself out to be a private
 4        detective.
 5             (3)  A person engaged exclusively in  obtaining  and
 6        furnishing  information  as  to  the  financial rating or
 7        creditworthiness of persons  or  a  person  who  provides
 8        reports   in   connection   with   (i)   consumer  credit
 9        transactions, (ii) information for  employment  purposes,
10        or  (iii)  information  for  the underwriting of consumer
11        insurance.
12             (4)  Insurance adjusters employed or under  contract
13        as   adjusters  who  engage  in  no  other  investigative
14        activities  other  than  those  directly  connected  with
15        adjustment of claims against an insurance  company  or  a
16        self-insured  entity  by  which they are employed or with
17        which they have a  contract.  No  insurance  adjuster  or
18        company   may   use   the  term  "investigation"  or  any
19        derivative thereof, in its name or in its advertising.

20        Section 15-10.  Qualifications for licensure as a private
21    detective.
22        (a)  A person is qualified for  licensure  as  a  private
23    detective   if   he   or  she  meets  all  of  the  following
24    requirements:
25             (1)  Is at least 21 years of age.
26             (2)  Has not been convicted of  any  felony  in  any
27        jurisdiction  or at least 10 years have elapsed since the
28        time of full discharge from  a  sentence  imposed  for  a
29        felony conviction.
30             (3)  Is of good moral character. Good character is a
31        continuing requirement of licensure. Conviction of crimes
32        other  than  felonies  may  be  used in determining moral
33        character, but shall not constitute an  absolute  bar  to
 
SB487 Enrolled             -15-      LRB093 05120 AMC 05180 b
 1        licensure.
 2             (4)  Has not been declared by any court of competent
 3        jurisdiction  to  be  incompetent  by reason of mental or
 4        physical  defect  or  disease,   unless   a   court   has
 5        subsequently declared him or her to be competent.
 6             (5)  Is  not suffering from dependence on alcohol or
 7        from narcotic addiction or dependence.
 8             (6)  Has a minimum of 3 years experience  of  the  5
 9        years immediately preceding application working full-time
10        for  a  licensed private detective agency as a registered
11        private  detective  agency  employee  or  with  3   years
12        experience  of  the  5 years immediately preceding his or
13        her application employed as a full-time investigator  for
14        a  licensed  attorney or in a law enforcement agency of a
15        federal  or  state  political  subdivision,  which  shall
16        include  a  state's  attorney's  office   or   a   public
17        defender's  office.  The  Board  and the Department shall
18        approve  such  full-time  investigator   experience.   An
19        applicant  who  has a baccalaureate degree, or higher, in
20        law enforcement or a related field or a  business  degree
21        from  an  accredited college or university shall be given
22        credit for 2 of the 3 years of the  required  experience.
23        An   applicant   who  has  an  associate  degree  in  law
24        enforcement or in a related field or in business from  an
25        accredited  college  or  university shall be given credit
26        for one of the 3 years of the required experience.
27             (7)  Has not been dishonorably discharged  from  the
28        armed  forces  of  the  United  States  or  has  not been
29        discharged from a law enforcement agency  of  the  United
30        States  or  of  any state or of any political subdivision
31        thereof, which shall include a state's attorney's office,
32        for reasons relating to his or her conduct as an employee
33        of that law enforcement agency.
34             (8)  Has passed an  examination  authorized  by  the
 
SB487 Enrolled             -16-      LRB093 05120 AMC 05180 b
 1        Department.
 2             (9)  Submits  his  or  her  fingerprints,  proof  of
 3        having   general   liability   insurance  required  under
 4        subsection (b), and the required license fee.
 5             (10)  Has not violated Section 10-5 of this Act.
 6        (b)  It is the responsibility of the applicant to  obtain
 7    general   liability  insurance  in  an  amount  and  coverage
 8    appropriate for the applicant's circumstances  as  determined
 9    by rule. The applicant shall provide evidence of insurance to
10    the  Department  before  being  issued  a license. Failure to
11    maintain general  liability  insurance  and  to  provide  the
12    Department  with  written proof of the insurance shall result
13    in cancellation of the license.

14        Section 15-15.  Qualifications for licensure as a private
15    detective agency.
16        (a)  Upon receipt of the required fee and proof that  the
17    applicant   has   a   full-time   Illinois  licensed  private
18    detective-in-charge, which is a  continuing  requirement  for
19    agency  licensure,  the Department shall issue a license as a
20    private detective agency to any of the following:
21             (1)  An individual who submits an application and is
22        a licensed private detective under this Act.
23             (2)  A firm that submits an application and  all  of
24        the  members  of the firm are licensed private detectives
25        under this Act.
26             (3)  A  corporation  or  limited  liability  company
27        doing business in Illinois  that  is  authorized  by  its
28        articles  of  incorporation  or organization to engage in
29        the business of conducting a  private  detective  agency,
30        provided  at  least  one  full-time executive employee is
31        licensed as a private detective under this  Act  and  all
32        unlicensed  officers  and directors of the corporation or
33        limited  liability  company   are   determined   by   the
 
SB487 Enrolled             -17-      LRB093 05120 AMC 05180 b
 1        Department to be persons of good moral character.
 2        (b)  No  private  detective may be the licensee-in-charge
 3    for more than one  private  detective  agency.  Upon  written
 4    request  by  a  representative  of  an agency, within 10 days
 5    after the loss of a licensee-in-charge of an  agency  because
 6    of the death of that individual or because of the termination
 7    of  the  employment  of that individual, the Department shall
 8    issue a  temporary  certificate  of  authority  allowing  the
 9    continuing  operation  of  the  licensed agency. No temporary
10    certificate of authority shall be  valid  for  more  than  90
11    days.  An  extension  of an additional 90 days may be granted
12    upon written request by the representative of the agency. Not
13    more than 2 extensions may  be  granted  to  any  agency.  No
14    temporary   permit   shall  be  issued  for  a  loss  of  the
15    licensee-in-charge because  of  disciplinary  action  by  the
16    Department  related  to  his  or her conduct on behalf of the
17    agency.

18        Section   15-25.  Training;   private    detective    and
19    employees.
20        (a)  Registered  employees  of a private detective agency
21    shall complete, within 30 days of their employment, a minimum
22    of 20 hours of training provided by a  qualified  instructor.
23    The  substance  of  the training shall be related to the work
24    performed by the registered employee.
25        (b)  It is the responsibility of the employer to certify,
26    on a form provided by the Department, that the  employee  has
27    successfully  completed  the  training.  The  form shall be a
28    permanent record of training completed by  the  employee  and
29    shall  be placed in the employee's file with the employer for
30    the period the employee remains with the employer. An  agency
31    may  place a notarized copy of the Department form in lieu of
32    the original into the permanent  employee  registration  card
33    file.  The  original form shall be given to the employee when
 
SB487 Enrolled             -18-      LRB093 05120 AMC 05180 b
 1    his or her employment is terminated. Failure  to  return  the
 2    original  form  to  the  employee is grounds for disciplinary
 3    action. The employee shall not  be  required  to  repeat  the
 4    required training once the employee has been issued the form.
 5    An employer may provide or require additional training.
 6        (c)  Any certification of completion of the 20-hour basic
 7    training  issued  under the Private Detective, Private Alarm,
 8    Private Security, and Locksmith Act of 1993 or any prior  Act
 9    shall be accepted as proof of training under this Act.

10               ARTICLE 20. PRIVATE ALARM CONTRACTORS.

11        Section 20-5.  Exemptions; private alarm contractor.
12        (a)  The  provisions of this Act related to the licensure
13    of private alarm contractors do  not  apply  to  any  of  the
14    following:
15             (1)  A  person  who sells alarm system equipment and
16        is not an employee, agent, or independent  contractor  of
17        an  entity  that  installs,  monitors, maintains, alters,
18        repairs,  services,  or  responds  to  alarm  systems  at
19        protected premises or premises to be protected if all  of
20        the following conditions are met:
21                  (A)  The  alarm  systems are approved either by
22             Underwriters Laboratories or  another  authoritative
23             entity  recognized  by the Department and identified
24             by a federally registered trademark.
25                  (B)  The owner of the trademark has  authorized
26             the  person  to  sell the trademark owner's products
27             and the person provides proof to the  Department  of
28             this authorization.
29                  (C)  The  owner  of the trademark maintains and
30             provides, upon the Department's  request,  proof  of
31             liability  insurance  for  bodily injury or property
32             damage from defective  products  of  not  less  than
 
SB487 Enrolled             -19-      LRB093 05120 AMC 05180 b
 1             $1,000,000  combined  single  limit.  The  insurance
 2             policy need not apply exclusively to alarm systems.
 3             (2)  A  person  who  sells,  installs, maintains, or
 4        repairs automobile alarm systems.
 5             (3)  A licensed electrical contractor who repairs or
 6        services fire alarm systems on an emergency call-in basis
 7        or who sells, installs, maintains,  alters,  repairs,  or
 8        services  only  fire alarm systems and not alarm or other
 9        security related electronic systems.
10        (b)  Persons  who  have  no  access  to  confidential  or
11    security  information  and  who  otherwise  do  not   provide
12    security  services  are  exempt  from  employee registration.
13    Examples of exempt employees include, but are not limited to,
14    employees  working  in  the  capacity  of  delivery  drivers,
15    reception  personnel,  building   cleaning,   landscape   and
16    maintenance  personnel, and employees involved in vehicle and
17    equipment repair. Confidential  or  security  information  is
18    that  which  pertains  to  employee files, scheduling, client
19    contracts, or technical security and alarm data.

20        Section 20-10.  Qualifications for licensure as a private
21    alarm contractor.
22        (a)  A person is qualified for  licensure  as  a  private
23    alarm  contractor  if  he  or  she meets all of the following
24    requirements:
25             (1)  Is at least 21 years of age.
26             (2)  Has not been convicted of  any  felony  in  any
27        jurisdiction  or at least 10 years have elapsed since the
28        time of full discharge from  a  sentence  imposed  for  a
29        felony conviction.
30             (3)  Is   of   good   moral  character.  Good  moral
31        character  is  a  continuing  requirement  of  licensure.
32        Conviction of crimes other than felonies may be  used  in
33        determining  moral character, but shall not constitute an
 
SB487 Enrolled             -20-      LRB093 05120 AMC 05180 b
 1        absolute bar to licensure.
 2             (4)  Has not been declared by any court of competent
 3        jurisdiction to be incompetent by  reason  of  mental  or
 4        physical   defect   or   disease,   unless  a  court  has
 5        subsequently declared him or her to be competent.
 6             (5)  Is not suffering from dependence on alcohol  or
 7        from narcotic addiction or dependence.
 8             (6)  Has  a  minimum  of 3 years experience of the 5
 9        years immediately  preceding  application  working  as  a
10        full-time manager for a licensed private alarm contractor
11        agency  or  for  an entity that designs, sells, installs,
12        services, or monitors alarm systems that, in the judgment
13        of the Board, satisfies the standards of  alarm  industry
14        competence. An applicant who has received a 4-year degree
15        or  higher  in  electrical engineering or a related field
16        from a program approved  by  the  Board  shall  be  given
17        credit  for  2  years  of  the  required  experience.  An
18        applicant  who  has  successfully  completed  a  national
19        certification  program  approved  by  the  Board shall be
20        given credit for one year of the required experience.
21             (7)  Has not been dishonorably discharged  from  the
22        armed forces of the United States.
23             (8)  Has  passed  an  examination  authorized by the
24        Department.
25             (9)  Submits  his  or  her  fingerprints,  proof  of
26        having  general  liability   insurance   required   under
27        subsection (c), and the required license fee.
28             (10)  Has not violated Section 10-5 of this Act.
29        (b)  A  person  is  qualified  to  receive a license as a
30    private alarm contractor without meeting the  requirement  of
31    item (8) of subsection (a) if he or she:
32             (1)  applies for a license between September 2, 2003
33        and September 5, 2003 in writing on forms supplied by the
34        Department;
 
SB487 Enrolled             -21-      LRB093 05120 AMC 05180 b
 1             (2)  provides proof of ownership of a licensed alarm
 2        contractor agency; and
 3             (3)  provides   proof   of   at  least  7  years  of
 4        experience in the installation,  design,  sales,  repair,
 5        maintenance,  alteration,  or service of alarm systems or
 6        any other low voltage electronic systems.
 7        (c)  It is the responsibility of the applicant to  obtain
 8    general   liability  insurance  in  an  amount  and  coverage
 9    appropriate for the applicant's circumstances  as  determined
10    by rule. The applicant shall provide evidence of insurance to
11    the  Department  before  being  issued  a license. Failure to
12    maintain general  liability  insurance  and  to  provide  the
13    Department  with  written proof of the insurance shall result
14    in cancellation of the license.

15        Section 20-15.  Qualifications for licensure as a private
16    alarm contractor agency.
17        (a)  Upon receipt of the required fee and proof that  the
18    applicant  has  a  full-time  Illinois licensed private alarm
19    contractor-in-charge, which is a continuing  requirement  for
20    agency  licensure,  the Department shall issue a license as a
21    private alarm contractor agency to any of the following:
22             (1)  An individual who submits an application and is
23        a licensed private alarm contractor under this Act.
24             (2)  A firm that submits an application and  all  of
25        the  members  of  the  firm  are  licensed  private alarm
26        contractors under this Act.
27             (3)  A  corporation  or  limited  liability  company
28        doing business in Illinois  that  is  authorized  by  its
29        articles  of  incorporation  or organization to engage in
30        the business of conducting  a  private  alarm  contractor
31        agency  if at least one executive employee is licensed as
32        a  private  alarm  contractor  under  this  Act  and  all
33        unlicensed officers and directors of the  corporation  or
 
SB487 Enrolled             -22-      LRB093 05120 AMC 05180 b
 1        limited   liability   company   are   determined  by  the
 2        Department to be persons of good moral character.
 3        (b)  No private alarm contractor may be the private alarm
 4    contractor-in-charge  for  more  than   one   private   alarm
 5    contractor  agency.  Upon written request by a representative
 6    of an agency, within 10 days after the  loss  of  a  licensed
 7    private  alarm  contractor-in-charge  of an agency because of
 8    the death of that individual or because of the termination of
 9    the employment of that individual, the Department shall issue
10    a temporary certificate of authority allowing the  continuing
11    operation of the licensed agency. No temporary certificate of
12    authority  shall be valid for more than 90 days. An extension
13    of an additional 90 days may be granted upon written  request
14    by  the  representative  of  the  agency.  Not  more  than  2
15    extensions  may be granted to any agency. No temporary permit
16    shall be issued for loss of the licensee-in-charge because of
17    disciplinary action by the Department related to his  or  her
18    conduct on behalf of the agency.
19        (c)  No   private   alarm   contractor,   private   alarm
20    contractor  agency, or person may install or connect an alarm
21    system or fire alarm system that connects  automatically  and
22    directly to a governmentally operated police or fire dispatch
23    system  in  a  manner that violates subsection (a) of Section
24    15.2 of the Emergency Telephone System Act.  In  addition  to
25    the penalties provided by the Emergency Telephone System Act,
26    a  private alarm contractor agency that violates this Section
27    shall pay the Department an additional penalty  of  $250  per
28    occurrence.

29        Section  20-20.  Training;  private  alarm contractor and
30    employees.
31        (a)  Registered employees of the private alarm contractor
32    agency who carry a firearm and respond to alarm systems shall
33    complete, within 30 days of their employment, a minimum of 20
 
SB487 Enrolled             -23-      LRB093 05120 AMC 05180 b
 1    hours  of  classroom  training  provided   by   a   qualified
 2    instructor and shall include all of the following subjects:
 3             (1)  The law regarding arrest and search and seizure
 4        as it applies to the private alarm industry.
 5             (2)  Civil  and  criminal liability for acts related
 6        to the private alarm industry.
 7             (3)  The use of force, including but not limited  to
 8        the use of nonlethal force (i.e., disabling spray, baton,
 9        stungun, or similar weapon).
10             (4)  Arrest and control techniques.
11             (5)  The  offenses  under  the Criminal Code of 1961
12        that are directly related to the  protection  of  persons
13        and property.
14             (6)  The   law   on  private  alarm  forces  and  on
15        reporting to law enforcement agencies.
16             (7)  Fire  prevention,  fire  equipment,  and   fire
17        safety.
18             (8)  Civil rights and public relations.
19        (b)  All  other  employees  of a private alarm contractor
20    agency shall complete a  minimum  of  20  hours  of  training
21    provided  by  a  qualified instructor within 30 days of their
22    employment. The substance of the training shall be related to
23    the work performed by the registered employee.
24        (c)  It is the responsibility of the employer to certify,
25    on forms provided by the Department, that  the  employee  has
26    successfully  completed  the  training.  The  form shall be a
27    permanent record of training completed by  the  employee  and
28    shall  be placed in the employee's file with the employer for
29    the term the employee is retained by the employer. A  private
30    alarm  contractor  agency  may  place a notarized copy of the
31    Department form in lieu of the original  into  the  permanent
32    employee  registration  card file. The form shall be returned
33    to the employee when his or  her  employment  is  terminated.
34    Failure  to  return  the  form to the employee is grounds for
 
SB487 Enrolled             -24-      LRB093 05120 AMC 05180 b
 1    discipline. The employee shall not be  required  to  complete
 2    the  training  required  under this Act once the employee has
 3    been issued a form.
 4        (d)  Nothing in  this  Act  prevents  any  employer  from
 5    providing   or   requiring  additional  training  beyond  the
 6    required 20 hours that the employer feels  is  necessary  and
 7    appropriate for competent job performance.
 8        (e)  Any certification of completion of the 20-hour basic
 9    training  issued  under the Private Detective, Private Alarm,
10    Private Security, and Locksmith Act of 1993 or any prior  Act
11    shall be accepted as proof of training under this Act.

12              ARTICLE 25. PRIVATE SECURITY CONTRACTORS.

13        Section  25-5.  Exemptions;  private security contractor.
14    The provisions of this Act related to licensure of a  private
15    security contractor do not apply to any of the following:
16             (1)  An  employee of the United States, Illinois, or
17        a political subdivision of either while the  employee  is
18        engaged  in the performance of his or her official duties
19        within the scope of his or her employment.  However,  any
20        such  person  who offers his or her services as a private
21        security contractor or uses a similar  title  when  these
22        services   are   performed   for  compensation  or  other
23        consideration, whether received directly  or  indirectly,
24        is subject to this Act.
25             (2)  A person employed as either an armed or unarmed
26        security  officer  at a nuclear energy, storage, weapons,
27        or development site or facility regulated by  the  United
28        States  Nuclear  Regulatory  Commission who has completed
29        the background screening and  training  mandated  by  the
30        regulations  of  the  United  States  Nuclear  Regulatory
31        Commission.
32             (3)  A  person,  watchman,  or  proprietary security
 
SB487 Enrolled             -25-      LRB093 05120 AMC 05180 b
 1        officer employed exclusively  by  only  one  employer  in
 2        connection   with   the   exclusive  activities  of  that
 3        employer.

 4        Section 25-10.  Qualifications for licensure as a private
 5    security contractor.
 6        (a)  A person is qualified for  licensure  as  a  private
 7    security  contractor  if he or she meets all of the following
 8    requirements:
 9             (1)  Is at least 21 years of age.
10             (2)  Has not been convicted of  any  felony  in  any
11        jurisdiction  or at least 10 years have elapsed since the
12        time of full discharge from  a  sentence  imposed  for  a
13        felony conviction.
14             (3)  Is of good moral character. Good character is a
15        continuing requirement of licensure. Conviction of crimes
16        other  than  felonies  may  be  used in determining moral
17        character, but shall not constitute an  absolute  bar  to
18        licensure.
19             (4)  Has not been declared by any court of competent
20        jurisdiction  to  be  incompetent  by reason of mental or
21        physical  defect  or  disease,   unless   a   court   has
22        subsequently declared him or her to be competent.
23             (5)  Is  not suffering from dependence on alcohol or
24        from narcotic addiction or dependence.
25             (6)  Has a minimum of 3 years experience  of  the  5
26        years  immediately  preceding  application  working  as a
27        full-time  manager  for  a  licensed   private   security
28        contractor  agency or a manager of a proprietary security
29        force  of  30  or  more  persons  registered   with   the
30        Department  or  with  3  years  experience of the 5 years
31        immediately preceding his or her application employed  as
32        a  full-time  supervisor in a law enforcement agency of a
33        federal  or  state  political  subdivision,  which  shall
 
SB487 Enrolled             -26-      LRB093 05120 AMC 05180 b
 1        include a state's attorney's office or public  defender's
 2        office.  The  Board and the Department shall approve such
 3        full-time supervisory experience. An applicant who has  a
 4        baccalaureate  degree  or  higher  in police science or a
 5        related field or a business  degree  from  an  accredited
 6        college  or university shall be given credit for 2 of the
 7        3 years of the required experience. An applicant who  has
 8        an  associate  degree  in  police science or in a related
 9        field or  in  business  from  an  accredited  college  or
10        university  shall  be given credit for one of the 3 years
11        of the required experience.
12             (7)  Has not been dishonorably discharged  from  the
13        armed forces of the United States.
14             (8)  Has  passed  an  examination  authorized by the
15        Department.
16             (9)  Submits  his  or  her  fingerprints,  proof  of
17        having  general  liability   insurance   required   under
18        subsection (b), and the required license fee.
19             (10)  Has not violated Section 10-5 of this Act.
20        (b)  It  is the responsibility of the applicant to obtain
21    general  liability  insurance  in  an  amount  and   coverage
22    appropriate  for  the applicant's circumstances as determined
23    by rule. The applicant shall provide evidence of insurance to
24    the Department before being  issued  a  license.  Failure  to
25    maintain  general  liability  insurance  and  to  provide the
26    Department with written proof of the insurance  shall  result
27    in cancellation of the license.

28        Section 25-15.  Qualifications for licensure as a private
29    security contractor agency.
30        (a)  Upon  receipt of the required fee and proof that the
31    applicant has a full-time Illinois licensed private  security
32    contractor-in-charge,  which  is a continuing requirement for
33    agency licensure, the Department shall issue a license  as  a
 
SB487 Enrolled             -27-      LRB093 05120 AMC 05180 b
 1    private security contractor agency to any of the following:
 2             (1)  An individual who submits an application and is
 3        a licensed private security contractor under this Act.
 4             (2)  A  firm  that submits an application and all of
 5        the members of the firm  are  licensed  private  security
 6        contractors under this Act.
 7             (3)  A  corporation  or  limited  liability  company
 8        doing  business  in  Illinois  that  is authorized by its
 9        articles of incorporation or organization  to  engage  in
10        the  business of conducting a private security contractor
11        agency if at least one officer or executive  employee  is
12        licensed  as a private security contractor under this Act
13        and  all  unlicensed  officers  and  directors   of   the
14        corporation  or  limited liability company are determined
15        by the Department to be persons of good moral character.
16        (b)  No private security contractor may  be  the  private
17    security  contractor  licensee-in-charge  for  more  than one
18    private security contractor agency. Upon written request by a
19    representative of the agency, within 10 days after  the  loss
20    of  a  private  security  contractor licensee-in-charge of an
21    agency because of the death of that individual or because  of
22    the  termination  of  the  employment of that individual, the
23    Department shall issue a temporary certificate  of  authority
24    allowing  the continuing operation of the licensed agency. No
25    temporary certificate of authority shall be  valid  for  more
26    than  90  days.  An extension of an additional 90 days may be
27    granted upon written request by  the  representative  of  the
28    agency.  Not  more  than  2  extensions may be granted to any
29    agency. No temporary permit shall be issued for loss  of  the
30    licensee-in-charge  because  of  disciplinary  action  by the
31    Department related to his or her conduct  on  behalf  of  the
32    agency.

33        Section 25-20.  Training; private security contractor and
 
SB487 Enrolled             -28-      LRB093 05120 AMC 05180 b
 1    employees.
 2        (a)  Registered   employees   of   the  private  security
 3    contractor agency who provide traditional guarding  or  other
 4    private  security  related  functions or who respond to alarm
 5    systems shall complete, within 30 days of their employment, a
 6    minimum of 20 hours of classroom basic training provided by a
 7    qualified  instructor,  which  shall  include  the  following
 8    subjects:
 9             (1)  The law regarding arrest and search and seizure
10        as it applies to private security.
11             (2)  Civil and criminal liability for  acts  related
12        to private security.
13             (3)  The  use of force, including but not limited to
14        the use of nonlethal force (i.e., disabling spray, baton,
15        stungun or similar weapon).
16             (4)  Arrest and control techniques.
17             (5)  The offenses under the Criminal  Code  of  1961
18        that  are  directly  related to the protection of persons
19        and property.
20             (6)  The law  on  private  security  forces  and  on
21        reporting to law enforcement agencies.
22             (7)  Fire   prevention,  fire  equipment,  and  fire
23        safety.
24             (8)  The procedures for service of process  and  for
25        report writing.
26             (9)  Civil rights and public relations.
27        (b)  All other employees of a private security contractor
28    agency  shall  complete  a  minimum  of  20 hours of training
29    provided by the qualified instructor within 30 days of  their
30    employment. The substance of the training shall be related to
31    the work performed by the registered employee.
32        (c)  Registered   employees   of   the  private  security
33    contractor agency  who  provide  guarding  or  other  private
34    security  related  functions,  in  addition  to the classroom
 
SB487 Enrolled             -29-      LRB093 05120 AMC 05180 b
 1    training required under subsection (a), within  6  months  of
 2    their  employment,  shall  complete  an additional 8 hours of
 3    training on subjects to be determined by the employer,  which
 4    training  may  be  site-specific  and may be conducted on the
 5    job.
 6        (d)  In addition to the basic training  provided  for  in
 7    subsections  (a) and (c), registered employees of the private
 8    security contractor agency  who  provide  guarding  or  other
 9    private   security   related   functions  shall  complete  an
10    additional 8 hours of refresher training on  subjects  to  be
11    determined by the employer each calendar year commencing with
12    the  calendar  year following the employee's first employment
13    anniversary   date,   which   refresher   training   may   be
14    site-specific and may be conducted on the job.
15        (e)  It is the responsibility of the employer to certify,
16    on a form provided by the Department, that the  employee  has
17    successfully  completed the basic and refresher training. The
18    form shall be a permanent record of training completed by the
19    employee and shall be placed in the employee's file with  the
20    employer  for  the  period  the  employee  remains  with  the
21    employer.  An  agency  may  place  a  notarized  copy  of the
22    Department form in lieu of the original  into  the  permanent
23    employee  registration  card file. The original form shall be
24    given  to  the  employee  when  his  or  her  employment   is
25    terminated.  Failure  to  return  the  original  form  to the
26    employee is grounds for  disciplinary  action.  The  employee
27    shall  not  be  required to repeat the required training once
28    the employee has  been  issued  the  form.  An  employer  may
29    provide or require additional training.
30        (f)  Any certification of completion of the 20-hour basic
31    training  issued  under the Private Detective, Private Alarm,
32    Private Security and Locksmith Act of 1993 or any  prior  Act
33    shall be accepted as proof of training under this Act.
 
SB487 Enrolled             -30-      LRB093 05120 AMC 05180 b
 1        Section 25-30.  Uniforms.
 2        (a)  No  licensee  under  this  Act  or any employee of a
 3    licensed agency shall wear or display a badge, shoulder patch
 4    or  other  identification  that  contains  the   words   "law
 5    enforcement".  No  license  holder  or employee of a licensed
 6    agency shall imply in  any  manner  that  the  person  is  an
 7    employee  or  agent of a governmental entity, display a badge
 8    or identification card, emblem, or uniform  using  the  words
 9    "police",   "sheriff",   "highway  patrol",  "trooper",  "law
10    enforcement" or any similar term.
11        (b)  All military-style uniforms, if worn,  by  employees
12    of  a  licensed private security contractor agency, must bear
13    the name of the private  security  contractor  agency,  which
14    shall  be  plainly  visible  on  a  patch,  badge,  or  other
15    insignia.

16                       ARTICLE 30. LOCKSMITHS.

17        Section  30-5.  Exemptions;  locksmith. The provisions of
18    this Act do not apply to any of the following if  the  person
19    performing  the  service does not hold himself or herself out
20    as a locksmith:
21             (1)  Automobile   service   dealers   who   service,
22        install, repair, or rebuild automobile locks.
23             (2)  Police  officers,  firefighters,  or  municipal
24        employees who open a lock in an emergency situation.
25             (3)  A retail  merchant  selling  locks  or  similar
26        security  accessories,  duplicating  keys, or installing,
27        programming,   repairing,   maintaining,   reprogramming,
28        rebuilding, or servicing electronic garage door devices.
29             (4)  A member of the building trades who installs or
30        removes complete locks or locking devices in  the  course
31        of   residential   or   commercial  new  construction  or
32        remodeling.
 
SB487 Enrolled             -31-      LRB093 05120 AMC 05180 b
 1             (5)  An employee of a towing  service,  repossessor,
 2        or automobile club opening automotive locks in the normal
 3        course of his or her duties. Additionally, this Act shall
 4        not prohibit an employee of a towing service from opening
 5        motor  vehicles  to  enable a vehicle to be moved without
 6        towing, provided the towing service does not hold  itself
 7        out  to the public, by directory advertisement, through a
 8        sign at the facilities of the towing service, or  by  any
 9        other form of advertisement, as a locksmith.
10             (6)  A  student  in the course of study in locksmith
11        programs approved by the Department.
12             (7)  Warranty service by a lock manufacturer or  its
13        employees on the manufacturer's own products.
14             (8)  A maintenance employee of a property management
15        company   at  a  multi-family  residential  building  who
16        services, installs, repairs, or opens locks for tenants.
17             (9)  A  person  employed  exclusively  by  only  one
18        employer in connection with the exclusive  activities  of
19        that  employer,  providing  that  person  does  not  hold
20        himself or herself out to the public as a locksmith.
21             (10)  Persons  who have no access to confidential or
22        security information and who  otherwise  do  not  provide
23        traditional  locksmith  services, as defined in this Act,
24        are exempt from employee registration. Examples of exempt
25        employees include, but  are  not  limited  to,  employees
26        working   in  the  capacity  of  key  cutters,  cashiers,
27        drivers,  and  reception   personnel.   Confidential   or
28        security  information  is that which pertains to employee
29        files, scheduling, client contracts, master  key  charts,
30        access codes, or technical security and alarm data.

31        Section   30-10.  Qualifications   for   licensure  as  a
32    locksmith.
33        (a)  A person is qualified for licensure as  a  locksmith
 
SB487 Enrolled             -32-      LRB093 05120 AMC 05180 b
 1    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
 6        felony conviction.
 7             (3)  Is  of  good  moral   character.   Good   moral
 8        character  is  a  continuing  requirement  of  licensure.
 9        Conviction  of  crimes other than felonies may be used in
10        determining moral character, but shall not constitute  an
11        absolute bar to licensure.
12             (4)  Has not been declared by any court of competent
13        jurisdiction  to  be  incompetent  by reason of mental or
14        physical  defect  or  disease,   unless   a   court   has
15        subsequently declared him or her to be competent.
16             (5)  Is  not suffering from dependence on alcohol or
17        from narcotic addiction or dependence.
18             (6)  Has not been dishonorably discharged  from  the
19        armed forces of the United States.
20             (7)  Has  passed  an  examination  authorized by the
21        Department.
22             (8)  Submits  his  or  her  fingerprints,  proof  of
23        having  general  liability   insurance   required   under
24        subsection (b), and the required license fee.
25             (9)  Has not violated Section 10-5 of this Act.
26        (b)  It  is the responsibility of the applicant to obtain
27    general  liability  insurance  in  an  amount  and   coverage
28    appropriate  for  the applicant's circumstances as determined
29    by rule. The applicant shall provide evidence of insurance to
30    the Department before being  issued  a  license.  Failure  to
31    maintain  general  liability  insurance  and  to  provide the
32    Department with written proof of the insurance  shall  result
33    in  cancellation  of  the  license. A locksmith employed by a
34    licensed locksmith agency or employed by  a  private  concern
 
SB487 Enrolled             -33-      LRB093 05120 AMC 05180 b
 1    may  provide proof that his or her actions as a locksmith are
 2    covered by the liability insurance of his or her employer.

 3        Section  30-15.  Qualifications  for   licensure   as   a
 4    locksmith agency.
 5        (a)  Upon  receipt of the required fee and proof that the
 6    applicant is an Illinois licensed locksmith who shall  assume
 7    responsibility  for  the  operation  of  the  agency  and the
 8    directed actions  of  the  agency's  employees,  which  is  a
 9    continuing  requirement  for agency licensure, the Department
10    shall issue a license as a locksmith agency  to  any  of  the
11    following:
12             (1)  An individual who submits an application and is
13        a licensed locksmith under this Act.
14             (2)  A  firm  that submits an application and all of
15        the members of the firm  are  licensed  locksmiths  under
16        this Act.
17             (3)  A  corporation  or  limited  liability  company
18        doing  business  in  Illinois  that  is authorized by its
19        articles of incorporation or organization  to  engage  in
20        the business of conducting a locksmith agency if at least
21        one officer or executive employee is a licensed locksmith
22        under  this Act and all unlicensed officers and directors
23        of the  corporation  or  limited  liability  company  are
24        determined  by the Department to be persons of good moral
25        character.
26        (b)  An individual  licensed  as  a  locksmith  operating
27    under a business name other than the licensed locksmith's own
28    name  shall  not  be  required  to  obtain a locksmith agency
29    license if  that  licensed  locksmith  does  not  employ  any
30    persons to engage in the practice of locksmithing.
31        (c)  No locksmith may be the locksmith licensee in-charge
32    for more than one locksmith agency. Upon written request by a
33    representative  of  the agency, within 10 days after the loss
 
SB487 Enrolled             -34-      LRB093 05120 AMC 05180 b
 1    of a locksmith-in-charge of an agency because of the death of
 2    that  individual  or  because  of  the  termination  of   the
 3    employment  of  that individual, the Department shall issue a
 4    temporary certificate of authority  allowing  the  continuing
 5    operation of the licensed agency. No temporary certificate of
 6    authority  shall be valid for more than 90 days. An extension
 7    of an additional 90 days may be granted upon written  request
 8    by  the  representative  of  the  agency.  Not  more  than  2
 9    extensions  may be granted to any agency. No temporary permit
10    shall be issued for loss of the licensee-in-charge because of
11    disciplinary action by the Department related to his  or  her
12    conduct on behalf of the agency.

13        Section 30-20.  Training; locksmith and employees.
14        (a)  Registered  employees of a licensed locksmith agency
15    shall complete a minimum of 20 hours of training provided  by
16    a  qualified  instructor  within 30 days of their employment.
17    The substance of the training shall be prescribed by rule.
18        (b)  It is the responsibility of the employer to certify,
19    on a form provided by the Department, that the  employee  has
20    successfully  completed  the  training.  The  form shall be a
21    permanent record of training completed by  the  employee  and
22    shall  be placed in the employee's file with the employer for
23    the period the employee remains with the employer. An  agency
24    may  place a notarized copy of the Department form in lieu of
25    the original into the permanent  employee  registration  card
26    file.  The  original form shall be given to the employee when
27    his or her employment is terminated. Failure  to  return  the
28    original  form  to  the  employee is grounds for disciplinary
29    action. The employee shall not  be  required  to  repeat  the
30    required training once the employee has been issued the form.
31    An employer may provide or require additional training.
32        (c)  Any certification of completion of the 20-hour basic
33    training  issued  under the Private Detective, Private Alarm,
 
SB487 Enrolled             -35-      LRB093 05120 AMC 05180 b
 1    Private Security and Locksmith Act of 1993 or any  prior  Act
 2    shall be accepted as proof of training under this Act.

 3        Section 30-25.  Customer identification; record keeping.
 4        (a)  A locksmith who bypasses, manipulates, or originates
 5    a  first  key by code for a device safeguarding an area where
 6    access  is  meant  to  be  limited,  whether   or   not   for
 7    compensation, shall document where the work was performed and
 8    the  name,  address,  date  of  birth,  telephone number, and
 9    driver's license number or other identification number of the
10    person requesting the work to be done and  shall  obtain  the
11    signature of that person. A copy of the work order form shall
12    be kept by the licensed locksmith for a period of 2 years and
13    shall include the name and license number of the locksmith or
14    the name and identification number of the registered employee
15    who  performed  the services. Work order forms required to be
16    kept under this Section shall  be  available  for  inspection
17    upon  written  request  made  3  days  in  advance  by  a law
18    enforcement agency.
19        (b)  A locksmith who bypasses, manipulates, or originates
20    a  first  key  for  a  motor  vehicle,  whether  or  not  for
21    compensation, shall  document  the  name,  address,  date  of
22    birth,  telephone  number, vehicle identification number, and
23    driver's license number or other identification number of the
24    person requesting entry and  obtain  the  signature  of  that
25    person.  A  copy  of the work order form shall be kept by the
26    licensed locksmith for a period of 2 years and shall  include
27    the  name and license number of the locksmith or the name and
28    identification  number  of  the   registered   employee   who
29    performed  the services. Work order forms required to be kept
30    under this Section shall be  available  for  inspection  upon
31    written  request  made 3 days in advance by a law enforcement
32    agency.
 
SB487 Enrolled             -36-      LRB093 05120 AMC 05180 b
 1              ARTICLE 35. BUSINESS PRACTICE PROVISIONS.

 2        Section 35-5.  Display of license.  Each  licensee  shall
 3    prominently  display his or her individual, agency, or branch
 4    office  license  at  each  place  where  business  is   being
 5    conducted,  as  required under this Act. A licensee-in-charge
 6    is required to post his or her license  only  at  the  agency
 7    office.

 8        Section  35-10.  Inspection  of facilities. Each licensee
 9    shall permit his or  her  office  facilities  and  registered
10    employee files to be audited or inspected at reasonable times
11    and  in  a  reasonable  manner  upon  24  hours notice by the
12    Department.

13        Section 35-15.  Advertisements; penalties.
14        (a)  No licensee providing services regulated by this Act
15    may knowingly advertise those services without including  his
16    or  her license number in the advertisement. The publisher of
17    the advertising, however,  is  not  required  to  verify  the
18    accuracy of the advertisement or the license number.
19        (b)  A licensee who advertises services regulated by this
20    Act  who knowingly (i) fails to display his or her license at
21    his or her place of  business,  (ii)  fails  to  provide  the
22    publisher  with the current license number, or (iii) provides
23    the publisher with a false license number or a license number
24    other than that of the person or agency doing the advertising
25    or a licensee who knowingly allows his or her license  number
26    to  be  displayed  or  used  by  another  person or agency to
27    circumvent any provision of this subsection, is guilty  of  a
28    Class  A  misdemeanor. Each day an advertisement is published
29    or a licensee allows  his  or  her  license  to  be  used  in
30    violation  of this Section constitutes a separate offense. In
31    addition to the  penalties  and  remedies  provided  in  this
 
SB487 Enrolled             -37-      LRB093 05120 AMC 05180 b
 1    Section,  a  licensee  who  violates  any  provision  of this
 2    Section shall be subject to the disciplinary  action,  fines,
 3    and civil penalty provisions of this Act.

 4        Section 35-20.  Renewal provisions.
 5        (a)  As  a  condition  of  renewal  of  a  license,  each
 6    licensee   shall   report   to   the  Department  information
 7    pertaining to the licensee's  business  location,  status  as
 8    active  or  inactive,  proof  of  continued general liability
 9    insurance coverage, and any other data as determined by  rule
10    to  be  reasonably related to the administration of this Act.
11    Licensees shall report this information  as  a  condition  of
12    renewal,  except that a change in home or office address or a
13    change of the licensee-in-charge shall be reported within  10
14    days of when it occurs.
15        (b)  Upon  renewal,  every  licensee  shall report to the
16    Department every instance  during  the  licensure  period  in
17    which  the quality of his or her professional services in the
18    State of Illinois  was  the  subject  of  legal  action  that
19    resulted in a settlement or a verdict in excess of $10,000.

20        Section   35-25.  Duplicate   licenses.   If  a  license,
21    permanent   employee   registration    card,    or    firearm
22    authorization  card is lost, a duplicate shall be issued upon
23    proof of such loss together with the payment of the  required
24    fee.  If  a  licensee  decides to change his or her name, the
25    Department shall issue a license in the new name  upon  proof
26    that  the  change was done pursuant to law and payment of the
27    required fee. Notification of a name change shall be made  to
28    the Department within 30 days after the change.

29        Section 35-30.  Employee requirements. All employees of a
30    licensed agency, other than those exempted, shall apply for a
31    permanent employee registration card. The holder of an agency
 
SB487 Enrolled             -38-      LRB093 05120 AMC 05180 b
 1    license  issued  under  this  Act,  known  in this Section as
 2    "employer", may employ in the conduct of his or her  business
 3    employees under the following provisions:
 4             (1)  No  person shall be issued a permanent employee
 5        registration card who:
 6                  (A)  Is younger than 18 years of age.
 7                  (B)  Is younger than 21 years  of  age  if  the
 8             services will include being armed.
 9                  (C)  Has  been  determined by the Department to
10             be unfit by reason of conviction of  an  offense  in
11             this or another state, other than a traffic offense.
12             The  Department  shall  adopt rules for making those
13             determinations that shall afford the  applicant  due
14             process of law.
15                  (D)  Has  had  a  license or permanent employee
16             registration  card  denied,  suspended,  or  revoked
17             under this Act (i) within one year before  the  date
18             the  person's  application  for  permanent  employee
19             registration card is received by the Department; and
20             (ii) that refusal, denial, suspension, or revocation
21             was  based  on  any provision of this Act other than
22             Section 40-50, item (6) or (8) of subsection (a)  of
23             Section 15-10, subsection (b) of Section 15-10, item
24             (6)  or  (8)  of  subsection  (a)  of Section 20-10,
25             subsection (b) of Section 20-10, item (6) or (8)  of
26             subsection  (a)  of Section 25-10, subsection (b) of
27             Section 25-10, item (7) of subsection (a) of Section
28             30-10, subsection (b) of Section 30-10,  or  Section
29             10-40.
30                  (E)  Has been declared incompetent by any court
31             of   competent  jurisdiction  by  reason  of  mental
32             disease or defect and has not been restored.
33                  (F)  Has been dishonorably discharged from  the
34             armed services of the United States.
 
SB487 Enrolled             -39-      LRB093 05120 AMC 05180 b
 1             (2)  No   person   may  be  employed  by  a  private
 2        detective agency,  private  security  contractor  agency,
 3        private  alarm  contractor  agency,  or  locksmith agency
 4        under this Section until  he  or  she  has  executed  and
 5        furnished  to  the  employer,  on  forms furnished by the
 6        Department,  a  verified  statement  to   be   known   as
 7        "Employee's Statement" setting forth:
 8                  (A)  The person's full name, age, and residence
 9             address.
10                  (B)  The  business or occupation engaged in for
11             the 5 years  immediately  before  the  date  of  the
12             execution  of  the  statement,  the  place where the
13             business or occupation was engaged in, and the names
14             of employers, if any.
15                  (C)  That the person has not had a  license  or
16             employee  registration denied, revoked, or suspended
17             under this Act (i) within one year before  the  date
18             the  person's  application  for  permanent  employee
19             registration card is received by the Department; and
20             (ii) that refusal, denial, suspension, or revocation
21             was  based  on  any provision of this Act other than
22             Section 40-50, item (6) or (8) of subsection (a)  of
23             Section 15-10, subsection (b) of Section 15-10, item
24             (6)  or  (8)  of  subsection  (a)  of Section 20-10,
25             subsection (b) of Section 20-10, item (6) or (8)  of
26             subsection  (a)  of Section 25-10, subsection (b) of
27             Section 25-10, item (7) of subsection (a) of Section
28             30-10, subsection (b) of Section 30-10,  or  Section
29             10-40.
30                  (D)  Any conviction of a felony or misdemeanor.
31                  (E)  Any declaration of incompetence by a court
32             of   competent   jurisdiction   that  has  not  been
33             restored.
34                  (F)  Any dishonorable discharge from the  armed
 
SB487 Enrolled             -40-      LRB093 05120 AMC 05180 b
 1             services of the United States.
 2                  (G)  Any  other  information as may be required
 3             by any rule of  the  Department  to  show  the  good
 4             character,  competency,  and integrity of the person
 5             executing the statement.
 6        (c)  Each applicant for a permanent employee registration
 7    card shall have his or  her  fingerprints  submitted  to  the
 8    Department  of  State  Police  in  an  electronic format that
 9    complies  with  the  form  and  manner  for  requesting   and
10    furnishing  criminal history record information as prescribed
11    by the Department of State Police. These  fingerprints  shall
12    be checked against the Department of State Police and Federal
13    Bureau of Investigation criminal history record databases now
14    and  hereafter  filed.  The  Department of State Police shall
15    charge applicants a fee for conducting the  criminal  history
16    records  check,  which shall be deposited in the State Police
17    Services Fund and shall not exceed the  actual  cost  of  the
18    records  check. The Department of State Police shall furnish,
19    pursuant to  positive  identification,  records  of  Illinois
20    convictions  to  the  Department.  The Department may require
21    applicants to pay a separate fingerprinting  fee,  either  to
22    the  Department or directly to the vendor. The Department, in
23    its discretion, may allow an  applicant  who  does  not  have
24    reasonable  access  to  a designated vendor to provide his or
25    her fingerprints in an alternative manner. The Department, in
26    its discretion, may also use other procedures  in  performing
27    or   obtaining  criminal  background  checks  of  applicants.
28    Instead of submitting his or her fingerprints, an  individual
29    may  submit proof that is satisfactory to the Department that
30    an equivalent security clearance has been conducted. Also, an
31    individual who has retired  as  a  peace  officer  within  12
32    months  of  application  may  submit  verification,  on forms
33    provided by the Department and signed by his or her employer,
34    of his or  her  previous  full-time  employment  as  a  peace
 
SB487 Enrolled             -41-      LRB093 05120 AMC 05180 b
 1    officer.
 2        (d)  The  Department  shall  issue  a  permanent employee
 3    registration card, in a form the  Department  prescribes,  to
 4    all  qualified applicants. The holder of a permanent employee
 5    registration card shall carry the card  at  all  times  while
 6    actually  engaged  in the performance of the duties of his or
 7    her employment. Expiration and requirements  for  renewal  of
 8    permanent employee registration cards shall be established by
 9    rule  of  the  Department. Possession of a permanent employee
10    registration card does not in any way imply that  the  holder
11    of  the  card  is  employed by an agency unless the permanent
12    employee registration card is  accompanied  by  the  employee
13    identification  card  required  by  subsection  (f)  of  this
14    Section.
15        (e)  Each  employer  shall  maintain  a  record  of  each
16    employee   that   is   accessible   to  the  duly  authorized
17    representatives of the Department. The record  shall  contain
18    the following information:
19             (1)  A  photograph  taken within 10 days of the date
20        that the employee begins employment  with  the  employer.
21        The   photograph   shall   be  replaced  with  a  current
22        photograph every 3 calendar years.
23             (2)  The   Employee's   Statement    specified    in
24        subsection (b) of this Section.
25             (3)  All correspondence or documents relating to the
26        character  and  integrity of the employee received by the
27        employer from any  official  source  or  law  enforcement
28        agency.
29             (4)  In  the  case of former employees, the employee
30        identification  card  of   that   person   issued   under
31        subsection  (f)  of  this  Section.  Each employee record
32        shall duly note if the employee is employed in  an  armed
33        capacity. Armed employee files shall contain a copy of an
34        active  firearm owner's identification card and a copy of
 
SB487 Enrolled             -42-      LRB093 05120 AMC 05180 b
 1        an active firearm authorization card. Each employer shall
 2        maintain  a  record  for  each  armed  employee  of  each
 3        instance in which the employee's  weapon  was  discharged
 4        during  the  course  of his or her professional duties or
 5        activities. The  record  shall  be  maintained  on  forms
 6        provided by the Department, a copy of which must be filed
 7        with  the  Department  within 15 days of an instance. The
 8        record shall include the date and time of the occurrence,
 9        the circumstances involved in  the  occurrence,  and  any
10        other  information as the Department may require. Failure
11        to provide this information to the Department or  failure
12        to maintain the record as a part of each armed employee's
13        permanent  file  is  grounds for disciplinary action. The
14        Department, upon receipt of  a  report,  shall  have  the
15        authority   to   make   any  investigation  it  considers
16        appropriate into any occurrence in  which  an  employee's
17        weapon  was discharged and to take disciplinary action as
18        may be appropriate.
19             (5)  The Department may, by rule, prescribe  further
20        record requirements.
21        (f)  Every    employer    shall   furnish   an   employee
22    identification card to each of his  or  her  employees.  This
23    employee   identification   card   shall   contain  a  recent
24    photograph of the employee, the employee's name, the name and
25    agency  license  number  of  the  employer,  the   employee's
26    personal  description,  the  signature  of  the employer, the
27    signature of that employee, the  date  of  issuance,  and  an
28    employee identification card number.
29        (g)  No  employer  may  issue  an employee identification
30    card to any person who is not employed  by  the  employer  in
31    accordance  with  this  Section or falsely state or represent
32    that a person is or has been in his  or  her  employ.  It  is
33    unlawful  for  an applicant for registered employment to file
34    with the Department the fingerprints of a person  other  than
 
SB487 Enrolled             -43-      LRB093 05120 AMC 05180 b
 1    himself or herself.
 2        (h)  Every  employer shall obtain the identification card
 3    of every employee who terminates employment with him or her.
 4        (i)  Every employer shall maintain a separate  roster  of
 5    the  names  of  all  employees  currently working in an armed
 6    capacity and submit the roster to the Department on request.
 7        (j)  No  agency  may  employ  any  person  to  perform  a
 8    licensed activity under this Act unless the person  possesses
 9    a  valid  permanent  employee  registration  card  or a valid
10    license under this Act, or is exempt pursuant  to  subsection
11    (n).
12        (k)  Notwithstanding the provisions of subsection (j), an
13    agency  may employ a person in a temporary capacity if all of
14    the following conditions are met:
15             (1)  The  agency  completes  in  its  entirety   and
16        submits  to the Department an application for a permanent
17        employee  registration  card,  including   the   required
18        fingerprint receipt and fees.
19             (2)  The agency has verification from the Department
20        that   the  applicant  has  no  record  of  any  criminal
21        conviction  pursuant  to  the  criminal   history   check
22        conducted  by  the Department of State Police. The agency
23        shall maintain the verification of  the  results  of  the
24        Department of State Police criminal history check as part
25        of  the  employee record as required under subsection (e)
26        of this Section.
27             (3)  The agency exercises due  diligence  to  ensure
28        that  the  person  is qualified under the requirements of
29        the Act to be issued a  permanent  employee  registration
30        card.
31             (4)  The  agency  maintains a separate roster of the
32        names of all employees whose applications  are  currently
33        pending with the Department and submits the roster to the
34        Department   on  a  monthly  basis.  Rosters  are  to  be
 
SB487 Enrolled             -44-      LRB093 05120 AMC 05180 b
 1        maintained by the agency for a  period  of  at  least  24
 2        months.
 3        An  agency may employ only a permanent employee applicant
 4    for  which  it  either   submitted   a   permanent   employee
 5    application  and  all  required forms and fees or it confirms
 6    with the Department that a permanent employee application and
 7    all required forms and fees have been  submitted  by  another
 8    agency,  licensee  or  the  permanent  employee and all other
 9    requirements of this Section are met.
10        The  Department  shall  have  the  authority  to  revoke,
11    without a hearing, the temporary authority of  an  individual
12    to  work  upon  receipt  of  Federal  Bureau of Investigation
13    fingerprint data or a report of  another  official  authority
14    indicating  a  criminal conviction. If the Department has not
15    received   a   temporary   employee's   Federal   Bureau   of
16    Investigation fingerprint data within 120 days  of  the  date
17    the  Department  received  the  Department  of  State  Police
18    fingerprint  data,  the  Department  may,  at its discretion,
19    revoke the employee's temporary authority  to  work  with  15
20    days  written  notice  to  the  individual  and the employing
21    agency.
22        An agency may not employ a person in a temporary capacity
23    if it knows or reasonably should have known that  the  person
24    has  been  convicted of a crime under the laws of this State,
25    has been convicted in another state of any crime  that  is  a
26    crime under the laws of this State, has been convicted of any
27    crime in a federal court, or has been posted as an unapproved
28    applicant  by the Department. Notice by the Department to the
29    agency, via certified  mail,  personal  delivery,  electronic
30    mail, or posting on the Department's Internet site accessible
31    to  the  agency that the person has been convicted of a crime
32    shall be deemed constructive knowledge of the  conviction  on
33    the  part  of  the  agency. The Department may adopt rules to
34    implement this subsection (k).
 
SB487 Enrolled             -45-      LRB093 05120 AMC 05180 b
 1        (l)  No person may be employed under this Section in  any
 2    capacity if:
 3             (1)  the person, while so employed, is being paid by
 4        the  United  States  or any political subdivision for the
 5        time so employed in addition to any payments  he  or  she
 6        may receive from the employer; or
 7             (2)  the  person  wears  any  portion  of his or her
 8        official uniform, emblem of authority, or equipment while
 9        so employed.
10        (m)  If   information   is   discovered   affecting   the
11    registration of a person whose  fingerprints  were  submitted
12    under this Section, the Department shall so notify the agency
13    that submitted the fingerprints on behalf of that person.
14        (n)  Peace officers shall be exempt from the requirements
15    of  this  Section relating to permanent employee registration
16    cards. The agency shall  remain  responsible  for  any  peace
17    officer  employed under this exemption, regardless of whether
18    the peace officer is compensated as  an  employee  or  as  an
19    independent contractor and as further defined by rule.
20        (o)  Persons  who  have  no  access  to  confidential  or
21    security   information  and  who  otherwise  do  not  provide
22    traditional  security  services  are  exempt  from   employee
23    registration.  Examples  of exempt employees include, but are
24    not limited to, employees working in the capacity of  ushers,
25    directors,  ticket  takers,  cashiers, drivers, and reception
26    personnel. Confidential or security information is that which
27    pertains to employee files, scheduling, client contracts,  or
28    technical security and alarm data.

29        Section  35-35.  Requirement  of  a firearm authorization
30    card.
31        (a)  No person shall perform duties that include the use,
32    carrying, or possession of a firearm in  the  performance  of
33    those  duties  without  complying with the provisions of this
 
SB487 Enrolled             -46-      LRB093 05120 AMC 05180 b
 1    Section and having been issued a valid firearm  authorization
 2    card by the Department.
 3        (b)  No  employer  shall employ any person to perform the
 4    duties for which employee registration is required and  allow
 5    that  person  to  carry  a  firearm  unless  that  person has
 6    complied with all the firearm training requirements  of  this
 7    Section  and  has  been  issued a firearm authorization card.
 8    This Act permits only the following to carry  firearms  while
 9    actually  engaged in the performance of their duties or while
10    commuting directly to or from  their  places  of  employment:
11    persons  licensed  as private detectives and their registered
12    employees; persons licensed as private  security  contractors
13    and  their  registered employees; persons licensed as private
14    alarm  contractors  and  their  registered   employees;   and
15    employees of a registered armed proprietary security force.
16        (c)  Possession  of  a  valid  firearm authorization card
17    allows  an  employee  to  carry  a  firearm   not   otherwise
18    prohibited  by  law  while  the  employee  is  engaged in the
19    performance of his or her duties or  while  the  employee  is
20    commuting  directly to or from the employee's place or places
21    of employment, provided that this is accomplished within  one
22    hour from departure from home or place of employment.
23        (d)  The  Department  shall issue a firearm authorization
24    card to a person who has passed an approved firearm  training
25    course,  who  is  currently employed by an agency licensed by
26    this Act and has met all the requirements of  this  Act,  and
27    who  possesses  a  valid  firearm  owner identification card.
28    Application for the firearm authorization card shall be  made
29    by  the  employer  to the Department on forms provided by the
30    Department. The Department shall  forward  the  card  to  the
31    employer  who  shall  be  responsible for its issuance to the
32    employee. The firearm authorization card shall be  issued  by
33    the  Department  and shall identify the person holding it and
34    the name of the course where the  employee  received  firearm
 
SB487 Enrolled             -47-      LRB093 05120 AMC 05180 b
 1    instruction  and  shall specify the type of weapon or weapons
 2    the person is authorized by the Department to carry  and  for
 3    which the person has been trained.
 4        (e)  Expiration  and  requirements for renewal of firearm
 5    authorization cards shall be determined by rule.
 6        (f)  The  Department  may,  in  addition  to  any   other
 7    disciplinary  action  permitted by this Act, refuse to issue,
 8    suspend, or  revoke  a  firearm  authorization  card  if  the
 9    applicant or holder has been convicted of any felony or crime
10    involving  the  illegal  use,  carrying,  or  possession of a
11    deadly weapon or  for  a  violation  of  this  Act  or  rules
12    promulgated  under  this  Act. The Department shall refuse to
13    issue or shall revoke a firearm  authorization  card  if  the
14    applicant  or  holder fails to possess a valid firearm owners
15    identification card. The Director shall summarily  suspend  a
16    firearm  authorization  card  if  the Director finds that its
17    continued use would constitute  an  imminent  danger  to  the
18    public.  A  hearing  shall be held before the Board within 30
19    days  if  the   Director   summarily   suspends   a   firearm
20    authorization card.
21        (g)  Notwithstanding  any  other provision of this Act to
22    the  contrary,  all   requirements   relating   to   firearms
23    authorization cards do not apply to a peace officer.

24        Section     35-40.  Firearm    authorization;    training
25    requirements.
26        (a)  The Department shall, pursuant to rule,  approve  or
27    disapprove training programs for the firearm training course,
28    which   shall   be   taught   by   a   qualified  instructor.
29    Qualifications for instructors shall  be  set  by  rule.  The
30    firearm  training course shall be conducted by entities, by a
31    licensee, or by an agency licensed by this Act, provided  the
32    course  is  approved  by  the  Department. The firearm course
33    shall consist of the following minimum requirements:
 
SB487 Enrolled             -48-      LRB093 05120 AMC 05180 b
 1             (1)  40 hours of training, 20 hours of  which  shall
 2        be  as  described  in Sections 15-20, 20-20, or 25-20, as
 3        applicable, and 20 hours of which shall  include  all  of
 4        the following:
 5                  (A)  Instruction  in  the dangers of and misuse
 6             of firearms, their storage, safety rules,  and  care
 7             and cleaning of firearms.
 8                  (B)  Practice  firing  on  a  range  with  live
 9             ammunition.
10                  (C)  Instruction in the legal use of firearms.
11                  (D)  A  presentation  of  the ethical and moral
12             considerations  necessary   for   any   person   who
13             possesses a firearm.
14                  (E)  A  review  of  the  laws regarding arrest,
15             search, and seizure.
16                  (F)  Liability for acts that may  be  performed
17             in the course of employment.
18             (2)  An examination shall be given at the completion
19        of  the  course.   The  examination  shall  consist  of a
20        firearms qualification course and a written  examination.
21        Successful   completion   shall   be  determined  by  the
22        Department.
23        (b)  The firearm training requirement may be  waived  for
24    an  employee  who  has  completed  training  provided  by the
25    Illinois Law Enforcement  Training  Standards  Board  or  the
26    equivalent   public   body   of   another   state,   provided
27    documentation  showing requalification with the weapon on the
28    firing range is submitted to the Department.

29        Section 35-45.  Armed proprietary security force.
30        (a)  All financial institutions that employ one  or  more
31    armed  employees  and all commercial or industrial operations
32    that employ 5  or  more  persons  as  armed  employees  shall
33    register  their  security forces with the Department on forms
 
SB487 Enrolled             -49-      LRB093 05120 AMC 05180 b
 1    provided by the Department.
 2        (b)  All armed employees of  the  registered  proprietary
 3    security  force must complete a 20-hour basic training course
 4    and 20-hour firearm training.
 5        (c)  Every proprietary  security  force  is  required  to
 6    apply to the Department, on forms supplied by the Department,
 7    for a firearm authorization card for each armed employee.
 8        (d)  The   Department   may   provide   rules   for   the
 9    administration of this Section.

10                ARTICLE 40. DISCIPLINARY PROVISIONS.

11        Section  40-5.  Injunctive  relief.  The  practice  of  a
12    private detective, private security contractor, private alarm
13    contractor,  locksmith,  private  detective  agency,  private
14    security  contractor agency, private alarm contractor agency,
15    or locksmith agency by  any  person,  firm,  corporation,  or
16    other  legal entity that has not been issued a license by the
17    Department or whose license has been suspended,  revoked,  or
18    not  renewed  is hereby declared to be inimical to the public
19    safety and welfare and to constitute a public  nuisance.  The
20    Director,  through the Attorney General, the State's Attorney
21    of any county, any resident of the State, or any legal entity
22    within the State may apply for injunctive relief in any court
23    to enjoin any person, firm, or other entity that has not been
24    issued  a  license  or  whose  license  has  been  suspended,
25    revoked, or not renewed from conducting a licensed  activity.
26    Upon the filing of a verified petition in court, if satisfied
27    by affidavit or otherwise that the person, firm, corporation,
28    or other legal entity is or has been conducting activities in
29    violation  of  this  Act,  the  court  may  enter a temporary
30    restraining order or preliminary  injunction,  without  bond,
31    enjoining  the defendant from further activity. A copy of the
32    verified complaint shall be served upon the defendant and the
 
SB487 Enrolled             -50-      LRB093 05120 AMC 05180 b
 1    proceedings shall be conducted as in civil cases.  If  it  is
 2    established   the   defendant   has  been  or  is  conducting
 3    activities in violation of this Act, the court  may  enter  a
 4    judgment  enjoining the defendant from that activity. In case
 5    of violation of any  injunctive  order  or  judgment  entered
 6    under  this  Section,  the  court may punish the offender for
 7    contempt  of  court.  Injunctive  proceedings  shall  be   in
 8    addition to all other penalties under this Act.

 9        Section 40-10.  Disciplinary sanctions.
10        (a)  The  Department  may deny issuance, refuse to renew,
11    or restore or may reprimand, place on probation, suspend,  or
12    revoke   any   license,   registration,   permanent  employee
13    registration card, or firearm authorization card, and it  may
14    impose  a fine not to exceed $1,500 for a first violation and
15    not to exceed $5,000 for a second or subsequent violation for
16    any of the following:
17             (1)  Fraud or deception in obtaining or renewing  of
18        a license or registration.
19             (2)  Professional incompetence as manifested by poor
20        standards of service.
21             (3)  Engaging   in   dishonorable,   unethical,   or
22        unprofessional  conduct of a character likely to deceive,
23        defraud, or harm the public.
24             (4)  Conviction in Illinois or another state of  any
25        crime  that  is  a  felony  under the laws of Illinois; a
26        felony in a federal court; a  misdemeanor,  an  essential
27        element  of  which  is dishonesty; or directly related to
28        professional practice.
29             (5)  Performing any services in a grossly  negligent
30        manner  or  permitting  any  of a licensee's employees to
31        perform  services  in   a   grossly   negligent   manner,
32        regardless  of  whether  actual  damage  to the public is
33        established.
 
SB487 Enrolled             -51-      LRB093 05120 AMC 05180 b
 1             (6)  Continued practice,  although  the  person  has
 2        become unfit to practice due to any of the following:
 3                  (A)  Physical   illness,   including,  but  not
 4             limited to, deterioration through the aging  process
 5             or   loss  of  motor  skills  that  results  in  the
 6             inability  to  serve  the  public  with   reasonable
 7             judgment, skill, or safety.
 8                  (B)  Mental   disability  demonstrated  by  the
 9             entry of an order or judgment  by  a  court  that  a
10             person   is  in  need  of  mental  treatment  or  is
11             incompetent.
12                  (C)  Addiction to or dependency on  alcohol  or
13             drugs  that is likely to endanger the public. If the
14             Department has reasonable cause to  believe  that  a
15             person  is  addicted  to  or dependent on alcohol or
16             drugs that may endanger the public,  the  Department
17             may  require the person to undergo an examination to
18             determine the extent of the addiction or dependency.
19             (7)  Receiving, directly or indirectly, compensation
20        for any services not rendered.
21             (8)  Willfully deceiving or defrauding the public on
22        a material matter.
23             (9)  Failing to account for or remit any  moneys  or
24        documents  coming  into  the  licensee's  possession that
25        belong to another person or entity.
26             (10)  Discipline   by    another    United    States
27        jurisdiction  or  foreign  nation, if at least one of the
28        grounds for the discipline is the same  or  substantially
29        equivalent to those set forth in this Act.
30             (11)  Giving differential treatment to a person that
31        is  to  that  person's  detriment because of race, color,
32        creed, sex, religion, or national origin.
33             (12)  Engaging in false or misleading advertising.
34             (13)  Aiding,  assisting,  or  willingly  permitting
 
SB487 Enrolled             -52-      LRB093 05120 AMC 05180 b
 1        another person to violate this Act or  rules  promulgated
 2        under it.
 3             (14)  Performing  and  charging for services without
 4        authorization  to  do  so  from  the  person  or   entity
 5        serviced.
 6             (15)  Directly  or  indirectly offering or accepting
 7        any benefit to or from any employee, agent, or  fiduciary
 8        without the consent of the latter's employer or principal
 9        with intent to or the understanding that this action will
10        influence  his  or  her conduct in relation to his or her
11        employer's or principal's affairs.
12             (16)  Violation of any disciplinary order imposed on
13        a licensee by the Department.
14             (17)  Failing to comply with any provision  of  this
15        Act or rule promulgated under it.
16             (18)  Conducting an agency without a valid license.
17             (19)  Revealing  confidential information, except as
18        required by law, including but not limited to information
19        available under Section 2-123  of  the  Illinois  Vehicle
20        Code.
21             (20)  Failing  to  make available to the Department,
22        upon request, any books, records, or  forms  required  by
23        this Act.
24             (21)  Failing,  within  30  days,  to  respond  to a
25        written request for information from the Department.
26             (22)  Failing to provide employment  information  or
27        experience   information   required   by  the  Department
28        regarding an applicant for licensure.
29             (23)  Failing to make available to the Department at
30        the time of the  request  any  indicia  of  licensure  or
31        registration issued under this Act.
32             (24)  Purporting  to  be  a licensee-in-charge of an
33        agency without active participation in the agency.
34        (b)  The Department shall seek to be  consistent  in  the
 
SB487 Enrolled             -53-      LRB093 05120 AMC 05180 b
 1    application of disciplinary sanctions.

 2        Section  40-15.  Suspension  or  revocation  of permanent
 3    employee  registration  card.   Individuals   registered   as
 4    employees pursuant to the provisions of Section 35-30 of this
 5    Act  shall  be  subject to the disciplinary sanctions of this
 6    Act and shall otherwise comply with this Act  and  the  rules
 7    promulgated  under it. Notwithstanding any other provision in
 8    this Act to the contrary, registered employees of  an  agency
 9    shall  not be responsible for compliance with any requirement
10    that this Act assigns to the agency or the licensee-in-charge
11    regardless of  the  employee's  job  title,  job  duties,  or
12    position  in  the  agency.  The procedures for disciplining a
13    licensee  shall  also  apply  in  taking  action  against   a
14    registered employee.

15        Section  40-20.  Confidential information; violation. Any
16    person who is or has been an employee of a licensee shall not
17    divulge to anyone, other than to his or her employer,  except
18    as  required  by  law  or  at  his  employer's direction, any
19    confidential or proprietary information acquired  during  his
20    or  her  employment. Any individual who violates this Section
21    or who files false papers or reports to his or  her  employer
22    may be disciplined under Section 40-10 of this Act.

23        Section   40-25.  Submission   to   physical   or  mental
24    examination.  The  Department  may  order  a  licensee  or  a
25    registrant to submit  to  a  reasonable  physical  or  mental
26    examination   if  the  licensee  or  registrant's  mental  or
27    physical  capacity  to  work  safely  is  an   issue   in   a
28    disciplinary   proceeding.   The   failure  to  submit  to  a
29    Director's order to submit to a reasonable mental or physical
30    exam shall constitute a violation of this Act subject to  the
31    disciplinary provisions in Section 40-10.
 
SB487 Enrolled             -54-      LRB093 05120 AMC 05180 b
 1        Section  40-30.  Insufficient funds; checks. A person who
 2    delivers a check or other payment to the Department  that  is
 3    returned   to   the   Department   unpaid  by  the  financial
 4    institution  upon  which  it  was  drawn  shall  pay  to  the
 5    Department, in addition to the amount already owed, a penalty
 6    of $50. The Department shall notify the person by first class
 7    mail that his or her check or payment was returned  and  that
 8    the  person shall pay to the Department by certified check or
 9    money order the amount of  the  returned  check  plus  a  $50
10    penalty  within  30  calendar  days  after  the  date  of the
11    notification. If, after the expiration of 30 calendar days of
12    the  notification,  the  person  has  failed  to  remit   the
13    necessary   funds   and   penalty,   the   Department   shall
14    automatically  terminate  the license or deny the application
15    without a hearing. If the returned check or other payment was
16    for issuance of a license under  this  Act  and  that  person
17    practices  as  a  licensee,  that  person  may  be subject to
18    discipline for unlicensed practice as provided in  this  Act.
19    If,  after termination or denial, the person seeks a license,
20    he or she shall petition the Department for  restoration  and
21    he  or  she may be subject to additional discipline or fines.
22    The Director may waive the penalties or fines due under  this
23    Section in individual cases where the Director finds that the
24    penalties  or  fines  would  be unreasonable or unnecessarily
25    burdensome.

26        Section 40-35.  Disciplinary action for educational  loan
27    defaults.  The  Department  shall  deny  a license or renewal
28    authorized by this Act to a person who has  defaulted  on  an
29    educational loan or scholarship provided or guaranteed by the
30    Illinois  Student  Assistance  Commission or any governmental
31    agency of this State. The Department may issue a  license  or
32    renewal   if   the  person  has  established  a  satisfactory
33    repayment  record  as  determined  by  the  Illinois  Student
 
SB487 Enrolled             -55-      LRB093 05120 AMC 05180 b
 1    Assistance  Commission  or  other  appropriate   governmental
 2    agency  of  this State. Additionally, a license issued by the
 3    Department may be suspended or revoked if the Director, after
 4    the opportunity for a hearing under this Act, finds that  the
 5    licensee  has  failed  to  make satisfactory repayment to the
 6    Illinois Student Assistance Commission for  a  delinquent  or
 7    defaulted loan.

 8        Section  40-40.  Nonpayment  of  child  support. In cases
 9    where the Department of Public Aid or any circuit  court  has
10    previously determined that a licensee or a potential licensee
11    is  more  than  30  days  delinquent  in the payment of child
12    support and has subsequently certified the delinquency to the
13    Department, the Department may refuse to issue  or  renew  or
14    may revoke or suspend that person's license or may take other
15    disciplinary action against that person based solely upon the
16    certification of delinquency made by the Department of Public
17    Aid or a circuit court. Redetermination of the delinquency by
18    the  Department shall not be required. In cases regarding the
19    renewal of a license, the  Department  shall  not  renew  any
20    license  if  the  Department of Public Aid or a circuit court
21    has certified the licensee to be more than 30 days delinquent
22    in the payment of child  support,  unless  the  licensee  has
23    arranged  for  payment  of  past  and  current  child support
24    obligations in a manner satisfactory  to  the  Department  of
25    Public  Aid  or  circuit  court.  The  Department  may impose
26    conditions, restrictions or  disciplinary  action  upon  that
27    renewal in accordance with Section 40-10 of this Act.

28        Section   40-45.  Failure  to  file  a  tax  return.  The
29    Department may refuse to issue or may suspend the license  of
30    any  person,  firm,  or other entity that fails to file a tax
31    return, to pay a tax, penalty, or interest shown in  a  filed
32    return,  or to pay any final assessment of a tax, penalty, or
 
SB487 Enrolled             -56-      LRB093 05120 AMC 05180 b
 1    interest,  as  required  by  any  law  administered  by   the
 2    Department  of  Revenue until the requirements of the law are
 3    satisfied or a repayment agreement  with  the  Department  of
 4    Revenue has been entered into.

 5        Section  40-50.  Statute of limitations. No action may be
 6    taken under this Act against  a  person  or  entity  licensed
 7    under  this Act unless the action is commenced within 5 years
 8    after the occurrence of the alleged violations. A  continuing
 9    violation  shall  be deemed to have occurred on the date when
10    the circumstances last existed that give rise to the  alleged
11    violation.

12          ARTICLE 45. INVESTIGATION AND HEARING PROVISIONS

13        Section    45-10.  Complaints    investigated    by   the
14    Department.
15        (a)  The  Department  shall  investigate  all  complaints
16    concerning  violations  regarding  licensees  or   unlicensed
17    activity.
18        (b)  Following  an investigation, the Department may file
19    formal charges against the licensee. The formal charges shall
20    inform the licensee of the facts that are the  basis  of  the
21    charges  with  enough  specificity  to enable the licensee to
22    prepare an intelligent defense.
23        (c)  Each licensee whose conduct  is  the  subject  of  a
24    formal  charge  that  seeks  to  impose  disciplinary  action
25    against the licensee shall be served notice of that charge at
26    least  30  days  before  the date of the hearing. The hearing
27    shall be presided over by a Board  member  or  by  a  hearing
28    officer  authorized  by  the  Department.  Service  shall  be
29    considered  to  have  been given if the notice was personally
30    received by the licensee or  if  the  notice  was  mailed  by
31    certified  mail, return receipt requested, to the licensee at
 
SB487 Enrolled             -57-      LRB093 05120 AMC 05180 b
 1    the licensee's address on file with the Department.
 2        (d)  The notice of formal charges shall  consist  of  the
 3    following information:
 4             (1)  The time, place, and date of the hearing.
 5             (2)  That  the  licensee  shall appear personally at
 6        the hearing and may be represented by counsel.
 7             (3)  That the licensee  may  produce  witnesses  and
 8        evidence on his or her behalf and has the right to cross-
 9        examine  witnesses  and  evidence produced against him or
10        her.
11             (4)  That the hearing could result  in  disciplinary
12        action.
13             (5)  That  rules  for  the  conduct  of hearings are
14        available from the Department.
15             (6)  That  a  hearing  officer  authorized  by   the
16        Department  shall  conduct the hearing and, following the
17        conclusion of that hearing, shall make findings of  fact,
18        conclusions   of  law,  and  recommendations,  separately
19        stated, to the Board as to what disciplinary  action,  if
20        any, should be imposed on the licensee.
21             (7)    That the licensee shall file a written answer
22        to the Board under oath within 20 days after the  service
23        of  the notice, and that if the licensee fails to file an
24        answer  default  will  be  taken  and  the   license   or
25        certificate  may  be  suspended,  revoked,  or  placed on
26        probationary status, or other disciplinary action may  be
27        taken, including limiting the scope, nature, or extent of
28        practice, as the Director may consider proper.
29             In  case the licensee, after receiving notice, fails
30        to file an answer, that person's license  or  certificate
31        may,  in  the discretion of the Director, having received
32        first the recommendation  of  the  Board,  be  suspended,
33        revoked,   or  placed  on  probationary  status;  or  the
34        Director  may  take  whatever  disciplinary   action   is
 
SB487 Enrolled             -58-      LRB093 05120 AMC 05180 b
 1        considered  under this Act, including limiting the scope,
 2        nature, or extent of the  person's  practice,  without  a
 3        hearing, if the act or acts charged constitute sufficient
 4        grounds for the action under this Act.

 5        Section 45-15.  Hearing; rehearing; public record.
 6        (a)  The  Board  or the hearing officer authorized by the
 7    Department shall hear  evidence  in  support  of  the  formal
 8    charges  and  evidence  produced  by  the  licensee.  At  the
 9    conclusion  of  the hearing, the Board shall make findings of
10    fact, conclusions of law, and recommendations and submit them
11    to the Director and to all parties to the proceeding.
12        (b)  The Board's findings of fact,  conclusions  of  law,
13    and  recommendations  shall  be served on the licensee in the
14    same manner as was  the  service  of  the  notice  of  formal
15    charges.  Within  20 days after the service, any party to the
16    proceeding may present to the Director a motion, in  writing,
17    specifying  the grounds for a rehearing or reconsideration of
18    the decision or sanctions.
19        (c)  The Director, following the time allowed for  filing
20    a  motion  for rehearing or reconsideration, shall review the
21    Board's  findings   of   fact,   conclusions   of   law   and
22    recommendations  and  any  subsequently  filed motions. After
23    review  of  the  information,  the  Director  may  hear  oral
24    arguments and thereafter shall issue an order. The report  of
25    findings  of  fact, conclusions of law and recommendations of
26    the Board shall be the basis for the Department's  order.  If
27    the Director finds that substantial justice was not done, the
28    Director  may  issue an order in contravention of the Board's
29    recommendations. The Director shall provide the Board with  a
30    written  explanation  of  any deviation and shall specify the
31    reasons for the action. The findings of  the  Board  and  the
32    Director are not admissible as evidence against the person in
33    a criminal prosecution brought for the violation of this Act.
 
SB487 Enrolled             -59-      LRB093 05120 AMC 05180 b
 1        (d)  All  proceedings  under  this Section are matters of
 2    public record and shall be preserved.
 3        (e)  Upon the suspension or revocation of a license,  the
 4    licensee  shall  surrender the license to the Department and,
 5    upon failure to do so, the Department shall seize the same.

 6        Section 45-20.  Temporary suspension of  a  license.  The
 7    Director may temporarily suspend a license without a hearing,
 8    simultaneously  with  the  initiation  of the procedure for a
 9    hearing provided for in this Act, if the Director finds  that
10    evidence indicates that a licensee's continuation in business
11    would  constitute  an  imminent  danger to the public. If the
12    Director temporarily suspends a license without a hearing,  a
13    hearing  by the Department shall be held within 30 days after
14    the suspension has occurred.

15        Section 45-25.  Disposition by consent order. Disposition
16    may be made of  any  charge  by  consent  order  between  the
17    Department  and  the licensee. The Board shall be apprised of
18    the consent order at its next meeting.

19        Section 45-30.  Restoration of license after disciplinary
20    proceedings. The Department shall reinstate  any  license  to
21    good  standing  under  this  Act  upon  recommendation to the
22    Director, after a hearing  before  the  Board  or  a  hearing
23    officer authorized by the Department. The Department shall be
24    satisfied  that  the  applicant's  renewed  practice  is  not
25    contrary to the public interest.

26        Section  45-35.  Cease  and  desist  orders. Whenever the
27    Department has reason to believe a person, firm, corporation,
28    or other legal entity has violated any provision  of  Section
29    10-5,  the  Department  may issue a rule to show cause why an
30    order to cease and desist should not be entered against  that
 
SB487 Enrolled             -60-      LRB093 05120 AMC 05180 b
 1    person,  firm,  corporation,  or other legal entity. The rule
 2    shall clearly set  forth  the  grounds  relied  upon  by  the
 3    Department and shall provide a period of 7 days from the date
 4    of  the  rule  to  file  an answer to the satisfaction of the
 5    Department. Failure to answer  to  the  satisfaction  of  the
 6    Department  shall  cause  an  order to cease and desist to be
 7    issued immediately.

 8        Section   45-40.  Administrative   review.   All    final
 9    administrative  decisions  of  the  Department are subject to
10    judicial review under  Article  III  of  the  Code  of  Civil
11    Procedure.  The  term "administrative decision" is defined as
12    in  Section  3-101  of  the  Code  of  Civil  Procedure.  The
13    proceedings for judicial review shall  be  commenced  in  the
14    circuit  court  of the county in which the party applying for
15    review resides; but  if  the  party  is  not  a  resident  of
16    Illinois,   the  venue  shall  be  in  Sangamon  County.  The
17    Department shall not be required to certify any record to the
18    court or file any answer in court or otherwise appear in  any
19    court  in a judicial review proceeding, unless there is filed
20    in the court with the complaint a receipt from the Department
21    acknowledging  payment  of  the  costs  of   furnishing   and
22    certifying the record. Costs shall be computed at the cost of
23    preparing  the  record.  Exhibits  shall be certified without
24    cost. Failure on the part of the  applicant  or  licensee  to
25    file  a  receipt  in  court  is  grounds for dismissal of the
26    action.  During  all  judicial  proceedings  incident  to   a
27    disciplinary action, the sanctions imposed upon a licensee by
28    the  Department  shall  remain  in  effect,  unless the court
29    determines justice requires a stay of the order.

30        Section 45-45.  Prima facie proof. An order of revocation
31    or suspension or placing a license on probationary status  or
32    other  disciplinary  action  as  the  Department may consider
 
SB487 Enrolled             -61-      LRB093 05120 AMC 05180 b
 1    proper or a certified copy thereof,  over  the  seal  of  the
 2    Department  and  purporting  to be signed by the Director, is
 3    prima facie proof that:
 4             (1)  the signature is that of the Director;
 5             (2)  the Director is qualified to act; and
 6             (3)  the members of the Board are qualified to act.

 7        Section 45-50.  Unlicensed practice; fraud in obtaining a
 8    license.
 9        (a)  A  person  who  violates  any   of   the   following
10    provisions shall be guilty of a Class A misdemeanor; a person
11    who  commits  a  second  or  subsequent  violation  of  these
12    provisions is guilty of a Class 4 felony:
13             (1)  The  practice  of  or  attempted practice of or
14        holding  out  as  available  to  practice  as  a  private
15        detective, private  security  contractor,  private  alarm
16        contractor, or locksmith without a license.
17             (2)  Operation  of  or  attempt to operate a private
18        detective agency,  private  security  contractor  agency,
19        private  alarm  contractor  agency,  or  locksmith agency
20        without ever having been issued a valid agency license.
21             (3)  The obtaining of or the attempt to  obtain  any
22        license   or  authorization  issued  under  this  Act  by
23        fraudulent misrepresentation.
24        (b)  Whenever a licensee is convicted of a felony related
25    to the violations set forth in this Section, the clerk of the
26    court  in  any  jurisdiction  shall   promptly   report   the
27    conviction   to  the  Department  and  the  Department  shall
28    immediately  revoke  any  license  as  a  private  detective,
29    private security contractor,  private  alarm  contractor,  or
30    locksmith  held by that licensee. The individual shall not be
31    eligible for licensure under this Act until at least 10 years
32    have elapsed since  the  time  of  full  discharge  from  any
33    sentence  imposed  for  a felony conviction. If any person in
 
SB487 Enrolled             -62-      LRB093 05120 AMC 05180 b
 1    making any oath or affidavit  required  by  this  Act  swears
 2    falsely,  the person is guilty of perjury and may be punished
 3    accordingly.
 4        (c)  In addition to any other penalty provided by law,  a
 5    person who violates any provision of this Section shall pay a
 6    civil  penalty  to  the Department in an amount not to exceed
 7    $5,000 for each offense, as determined by the Department. The
 8    civil penalty shall be imposed in accordance with this Act.

 9        Section 45-55.  Subpoenas.
10        (a)  The Department may subpoena and bring before it  any
11    person  to  take  the testimony with the same fees and in the
12    same manner as prescribed in civil cases.
13        (b)  Any circuit  court,  upon  the  application  of  the
14    licensee,  the  Department,  or  the  Board,  may  order  the
15    attendance  of witnesses and the production of relevant books
16    and papers before the Board in any hearing  under  this  Act.
17    The  circuit  court  may  compel  obedience  to  its order by
18    proceedings for contempt.
19        (c)  The Director, the hearing  officer  or  a  certified
20    shorthand  court reporter may administer oaths at any hearing
21    the Department conducts. Notwithstanding any other statute or
22    Department rule to the contrary, all requests for  testimony,
23    production  of  documents  or  records shall be in accordance
24    with this Act.

25        Section 45-60.  Stenographers.  The  Department,  at  its
26    expense, shall provide a stenographer to preserve a record of
27    all  hearing  and pre-hearing proceedings if a license may be
28    revoked, suspended, or placed on probationary status or other
29    disciplinary action is taken.  The  notice  of  hearing,  the
30    complaint, all other documents in the nature of pleadings and
31    written  motions  filed in the proceedings, the transcript of
32    testimony, the report of the Board, and  the  orders  of  the
 
SB487 Enrolled             -63-      LRB093 05120 AMC 05180 b
 1    Department  shall  constitute  the record of the proceedings.
 2    The Department shall furnish a transcript of the record  upon
 3    payment of the costs of copying and transmitting the record.

 4                ARTICLE 50. ADMINISTRATIVE PROVISIONS

 5        Section  50-5.  Personnel;  investigators.  The  Director
 6    shall employ, pursuant to the Personnel Code, personnel, on a
 7    full-time  or  part-time  basis,  for the enforcement of this
 8    Act. Each investigator  shall  have  a  minimum  of  2  years
 9    investigative  experience  out of the immediately preceding 5
10    years. No investigator may  hold  an  active  license  issued
11    pursuant  to  this  Act,  nor  may  an  investigator  have  a
12    financial  interest  in  a  business licensed under this Act.
13    This prohibition, however, does not apply to an  investigator
14    holding stock in a business licensed under this Act, provided
15    the  investigator  does not hold more than 5% of the stock in
16    the business. Any person  licensed  under  this  Act  who  is
17    employed by the Department shall surrender his or her license
18    to  the  Department  for the duration of that employment. The
19    licensee  shall  be  exempt  from  all  renewal  fees   while
20    employed.  While  employed by the Department, the licensee is
21    not required to  maintain  the  general  liability  insurance
22    coverage required by this Act.

23        Section  50-10.  The  Private  Detective,  Private Alarm,
24    Private Security, and Locksmith Board.
25        (a)  The  Private  Detective,  Private   Alarm,   Private
26    Security,  and  Locksmith  Board  shall consist of 11 members
27    appointed by the Director and comprised of 2 licensed private
28    detectives,  3  licensed  private  security  contractors,   2
29    licensed  private  alarm  contractors, 2 licensed locksmiths,
30    one public member who is not  licensed  or  registered  under
31    this  Act  and who has no connection with a business licensed
 
SB487 Enrolled             -64-      LRB093 05120 AMC 05180 b
 1    under this Act, and one  member  representing  the  employees
 2    registered under this Act. Each member shall be a resident of
 3    Illinois.  Each  licensed  member shall have at least 5 years
 4    experience as a licensee in the professional  area  in  which
 5    the  person  is licensed and be in good standing and actively
 6    engaged in  that  profession.  In  making  appointments,  the
 7    Director   shall   consider   the   recommendations   of  the
 8    professionals and the professional organizations representing
 9    the licensees. The membership shall  reasonably  reflect  the
10    different geographic areas in Illinois.
11        (b)  Members shall serve 4 year terms and may serve until
12    their  successors  are  appointed.  No member shall serve for
13    more than 2 successive terms. Appointments to fill  vacancies
14    shall be made in the same manner as the original appointments
15    for the unexpired portion of the vacated term. Members of the
16    Board in office on the effective date of this Act pursuant to
17    the  Private  Detective, Private Alarm, Private Security, and
18    Locksmith Act of 1993 shall serve for the duration  of  their
19    terms and may be appointed for one additional term.
20        (c)  A  member  of  the Board may be removed for cause. A
21    member  subject  to  formal  disciplinary  proceedings  shall
22    disqualify himself or herself from all Board  business  until
23    the  charge  is  resolved.  A  member  also  shall disqualify
24    himself or herself from any matter on which the member cannot
25    act objectively.
26        (d)  Members shall receive compensation as  set  by  law.
27    Each  member  shall  receive  reimbursement  as  set  by  the
28    Governor's  Travel  Control  Board  for  expenses incurred in
29    carrying out the duties as a Board member.
30        (e)  A majority of Board members constitutes a quorum.  A
31    majority vote of the quorum is required for a decision.
32        (f)  The   Board  shall  elect  a  chairperson  and  vice
33    chairperson.
34        (g)  Board  members  are  not  liable  for  their   acts,
 
SB487 Enrolled             -65-      LRB093 05120 AMC 05180 b
 1    omissions,  decisions,  or  other  conduct in connection with
 2    their duties on the Board,  except  those  determined  to  be
 3    willful, wanton, or intentional misconduct.
 4        (h)  The  Board  may  recommend policies, procedures, and
 5    rules relevant to the administration and enforcement of  this
 6    Act.

 7        Section 50-15.  Powers and duties of the Department.
 8        (a)  The  Department shall exercise the powers and duties
 9    prescribed by the Civil Administrative Code of  Illinois  and
10    shall  exercise all other powers and duties set forth in this
11    Act.
12        (b)  The Director shall prescribe forms to be issued  for
13    the administration and enforcement of this Act.

14        Section  50-20.  Rules.  The  Department  may  promulgate
15    rules for the administration and enforcement of this Act. The
16    rules  shall  include  standards for registration, licensure,
17    professional conduct, and discipline.  The  Department  shall
18    consult  with  the  Board  prior  to  promulgating  any rule.
19    Proposed rules shall be transmitted, prior to publication  in
20    the  Illinois Register, to the Board and the Department shall
21    review the Board's recommendations and shall notify the Board
22    with an  explanation  of  any  deviations  from  the  Board's
23    recommendations.

24        Section  50-25.  Home  rule. Pursuant to paragraph (h) of
25    Section 6 of Article VII  of  the  Illinois  Constitution  of
26    1970,  the  power  to regulate the private detective, private
27    security, private  alarm,  or  locksmith  business  or  their
28    employees shall be exercised exclusively by the State and may
29    not  be  exercised by any unit of local government, including
30    home rule units.
 
SB487 Enrolled             -66-      LRB093 05120 AMC 05180 b
 1        Section 50-30.  Fees; deposit  of  fees  and  fines.  The
 2    Department   shall   by   rule   provide  for  fees  for  the
 3    administration and enforcement of this Act,  and  those  fees
 4    are  nonrefundable. All of the fees and fines collected under
 5    this Act shall be  deposited  into  the  General  Professions
 6    Dedicated  Fund and be appropriated to the Department for the
 7    ordinary and contingent expenses of  the  Department  in  the
 8    administration and enforcement of this Act.

 9        Section   50-35.  Rosters.  The  Department  shall,  upon
10    request and payment of the fee, provide a list of  the  names
11    and addresses of all licensees under this Act.

12        Section  50-40.  Rights  and  obligations. All rights and
13    obligations incurred and  any  actions  commenced  under  the
14    Private  Detective,  Private  Alarm,  Private  Security,  and
15    Locksmith  Act of 1993 shall not be impaired by the enactment
16    of this Act.  Rules  adopted  under  the  Private  Detective,
17    Private  Alarm,  Private Security, and Locksmith Act of 1993,
18    unless inconsistent with this Act,  shall  remain  in  effect
19    until   amended  or  revoked.  All  licenses  issued  by  the
20    Department  permitting  the  holder  to  act  as  a   private
21    detective,   private   detective   agency,  private  security
22    contractor, private security contractor agency, private alarm
23    contractor, private alarm contractor  agency,  locksmith,  or
24    locksmith agency that are valid on the effective date of this
25    Act  shall  be considered valid under this Act.  All licenses
26    issued under the Private Detective,  Private  Alarm,  Private
27    Security, and Locksmith Act of 1993 are valid and are subject
28    to  the same authority of the Department to revoke or suspend
29    them as licenses issued under this Act.

30                 ARTICLE 90. AMENDATORY PROVISIONS.
 
SB487 Enrolled             -67-      LRB093 05120 AMC 05180 b
 1        Section 90-5.  The Regulatory Sunset Act  is  amended  by
 2    changing Sections 4.14 and 4.24 as follows:

 3        (5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
 4        Sec. 4.14.  Acts repealed.
 5        (a)  The  following Act is Acts are repealed December 31,
 6    2003:
 7             The Private Detective, Private  Alarm,  and  Private
 8        Security Act of 1993.
 9             The Illinois Occupational Therapy Practice Act.
10        (b)  The following Acts are repealed January 1, 2004:
11             The  Illinois  Certified  Shorthand Reporters Act of
12        1984.
13             The Veterinary Medicine and Surgery Practice Act  of
14        1994.
15    (Source: P.A. 92-457, eff 8-21-01.)

16        (5 ILCS 80/4.24)
17        Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
18    following Acts are repealed on January 1, 2014:
19        The Electrologist Licensing Act.
20        The Illinois Public Accounting Act.
21        The  Private  Detective, Private Alarm, Private Security,
22    and Locksmith Act of 2004.
23    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

24        Section  90-10.   The  Criminal  Identification  Act   is
25    amended by changing Section 3-1 as follows:

26        (20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
27        Sec.  3.1.   (a)  The Department may furnish, pursuant to
28    positive  identification,  records  of  convictions  to   the
29    Department  of  Professional  Regulation  for  the purpose of
30    meeting registration  or  licensure  requirements  under  The
 
SB487 Enrolled             -68-      LRB093 05120 AMC 05180 b
 1    Private  Detective,  Private  Alarm,  Private  Security,  and
 2    Locksmith Act of 2004 and Private Security Act of 1983.
 3        (b)  The  Department  may  furnish,  pursuant to positive
 4    identification, records of convictions to policing bodies  of
 5    this  State for the purpose of assisting local liquor control
 6    commissioners in carrying out their duty to refuse  to  issue
 7    licenses  to persons specified in paragraphs (4), (5) and (6)
 8    of Section 6-2 of The Liquor Control Act of 1934.
 9        (c)  The Department  shall  charge  an  application  fee,
10    based  on  actual  costs,  for  the  dissemination of records
11    pursuant  to   this   Section.    Fees   received   for   the
12    dissemination  of  records  pursuant to this Section shall be
13    deposited in the State Police Services Fund.  The  Department
14    is  empowered to establish this fee and to prescribe the form
15    and  manner  for   requesting   and   furnishing   conviction
16    information pursuant to this Section.
17        (d)  Any   dissemination   of  any  information  obtained
18    pursuant to this  Section  to  any  person  not  specifically
19    authorized  hereby  to  receive or use it for the purpose for
20    which it was disseminated shall  constitute  a  violation  of
21    Section 7.
22    (Source: P.A. 85-1440.)

23        Section  90-15.   The  Service Contract Act is amended by
24    changing Section 10 as follows:

25        (215 ILCS 152/10)
26        Sec. 10.  Exemptions.   Service  contract  providers  and
27    related service contract sellers and administrators complying
28    with  this  Act  are  not required to comply with and are not
29    subject to any provision of the Illinois Insurance  Code.   A
30    service  contract  provider  who  is  the  manufacturer  or a
31    wholly-owned subsidiary of the manufacturer of the product or
32    the builder, seller, or lessor of the  product  that  is  the
 
SB487 Enrolled             -69-      LRB093 05120 AMC 05180 b
 1    subject  of  the  service contract is required to comply only
 2    with Sections 30, 35, 45, and 50 of this Act; except that,  a
 3    service   contract   provider  who  sells  a  motor  vehicle,
 4    excluding a motorcycle as defined in  Section  1-147  of  the
 5    Illinois  Vehicle  Code,  or  who  leases,  but  is  not  the
 6    manufacturer of, the motor vehicle, excluding a motorcycle as
 7    defined  in  Section 1-147 of the Illinois Vehicle Code, that
 8    is the subject of the service contract must comply with  this
 9    Act in its entirety.  Contracts for the repair and monitoring
10    of  private alarm or private security systems regulated under
11    the Private Detective, Private Alarm, Private  Security,  and
12    Locksmith  Act  of  2004 1993 are not required to comply with
13    this Act and are not subject to any provision of the Illinois
14    Insurance Code.
15    (Source: P.A. 91-430, eff. 1-1-00; 92-16, eff. 6-28-01.)

16        (225 ILCS 446/Act rep.)
17        Section 90-20.  The  Private  Detective,  Private  Alarm,
18    Private Security, and Locksmith Act of 1993 is repealed.

19        Section  90-25.   The Illinois Vehicle Code is amended by
20    changing Section 2-123 as follows:

21        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
22        Sec. 2-123.  Sale and Distribution of Information.
23        (a)  Except as otherwise provided in  this  Section,  the
24    Secretary  may  make  the driver's license, vehicle and title
25    registration lists, in part or in whole, and any  statistical
26    information  derived  from  these  lists  available  to local
27    governments,  elected  state  officials,  state   educational
28    institutions,  and  all other governmental units of the State
29    and  Federal  Government  requesting  them  for  governmental
30    purposes. The Secretary shall require any such applicant  for
31    services to pay for the costs of furnishing such services and
 
SB487 Enrolled             -70-      LRB093 05120 AMC 05180 b
 1    the  use  of  the  equipment  involved,  and  in  addition is
 2    empowered to establish prices and charges for the services so
 3    furnished  and  for  the  use  of  the  electronic  equipment
 4    utilized.
 5        (b)  The Secretary is further empowered to and he may, in
 6    his discretion, furnish to any applicant, other  than  listed
 7    in  subsection (a) of this Section, vehicle or driver data on
 8    a computer tape, disk, other electronic  format  or  computer
 9    processable  medium,  or  printout  at a fixed fee of $250 in
10    advance and require in addition a further sufficient  deposit
11    based  upon  the  Secretary  of State's estimate of the total
12    cost of the information requested and a  charge  of  $25  per
13    1,000  units  or  part thereof identified or the actual cost,
14    whichever is greater. The Secretary is authorized  to  refund
15    any  difference between the additional deposit and the actual
16    cost of the request.  This service shall not be in lieu of an
17    abstract of a driver's record nor of a title or  registration
18    search.  This service may be limited to entities purchasing a
19    minimum number of records as required by administrative rule.
20    The information sold pursuant to this subsection shall be the
21    entire  vehicle  or  driver  data list, or part thereof.  The
22    information  sold  pursuant  to  this  subsection  shall  not
23    contain  personally  identifying   information   unless   the
24    information  is to be used for one of the purposes identified
25    in subsection (f-5) of this Section.   Commercial  purchasers
26    of  driver  and  vehicle  record databases shall enter into a
27    written agreement with the Secretary of State  that  includes
28    disclosure  of  the  commercial  use of the information to be
29    purchased.
30        (c)  Secretary of State  may  issue  registration  lists.
31    The  Secretary  of  State shall compile and publish, at least
32    annually, a list of all registered vehicles.   Each  list  of
33    registered  vehicles  shall be arranged serially according to
34    the registration numbers assigned to registered vehicles  and
 
SB487 Enrolled             -71-      LRB093 05120 AMC 05180 b
 1    shall   contain  in  addition  the  names  and  addresses  of
 2    registered owners and a brief  description  of  each  vehicle
 3    including  the  serial  or  other identifying number thereof.
 4    Such compilation may be in such form as in the discretion  of
 5    the  Secretary  of  State  may  seem  best  for  the purposes
 6    intended.
 7        (d)  The Secretary of State shall furnish no more than  2
 8    current available lists of such registrations to the sheriffs
 9    of all counties and to the chiefs of police of all cities and
10    villages and towns of 2,000 population and over in this State
11    at  no  cost.   Additional  copies  may  be  purchased by the
12    sheriffs or chiefs of police at the fee of $500  each  or  at
13    the cost of producing the list as determined by the Secretary
14    of  State.   Such  lists  are  to  be  used  for governmental
15    purposes only.
16        (e)  (Blank).
17        (e-1)  (Blank).
18        (f)  The  Secretary  of  State  shall  make  a  title  or
19    registration search of  the  records  of  his  office  and  a
20    written  report  on  the  same  for  any person, upon written
21    application of such person, accompanied by a fee  of  $5  for
22    each  registration  or title search.  The written application
23    shall  set  forth  the  intended   use   of   the   requested
24    information.   No  fee  shall  be  charged  for  a  title  or
25    registration   search,   or  for  the  certification  thereof
26    requested by a government agency.  The report of the title or
27    registration search shall not contain personally  identifying
28    information  unless the request for a search was made for one
29    of the  purposes  identified  in  subsection  (f-5)  of  this
30    Section.
31        The   Secretary   of  State  shall  certify  a  title  or
32    registration  record  upon  written  request.  The  fee   for
33    certification shall be $5 in addition to the fee required for
34    a  title  or registration search. Certification shall be made
 
SB487 Enrolled             -72-      LRB093 05120 AMC 05180 b
 1    under the signature of the Secretary of State  and  shall  be
 2    authenticated by Seal of the Secretary of State.
 3        The  Secretary  of  State may notify the vehicle owner or
 4    registrant of the  request  for  purchase  of  his  title  or
 5    registration information as the Secretary deems appropriate.
 6        No  information  shall be released to the requestor until
 7    expiration of a 10 day period.  This 10 day period shall  not
 8    apply  to  requests  for  information made by law enforcement
 9    officials,  government  agencies,   financial   institutions,
10    attorneys,   insurers,   employers,   automobile   associated
11    businesses,  persons licensed as a private detective or firms
12    licensed as a private  detective  agency  under  the  Private
13    Detective, Private Alarm, Private Security, and Locksmith Act
14    of 2004 and Private Security Act of 1983, who are employed by
15    or  are  acting  on  behalf  of  law  enforcement  officials,
16    government   agencies,   financial  institutions,  attorneys,
17    insurers, employers, automobile  associated  businesses,  and
18    other  business  entities  for  purposes  consistent with the
19    Illinois Vehicle Code, the vehicle  owner  or  registrant  or
20    other  entities  as  the  Secretary  may  exempt  by rule and
21    regulation.
22        Any misrepresentation made by a  requestor  of  title  or
23    vehicle  information  shall be punishable as a petty offense,
24    except in the case of persons licensed as a private detective
25    or firms licensed as a private detective agency  which  shall
26    be  subject  to disciplinary sanctions under Section 40-10 22
27    or 25  of  the  Private  Detective,  Private  Alarm,  Private
28    Security,  and Locksmith Act of 2004 and Private Security Act
29    of 1983.
30        (f-5)  The Secretary  of  State  shall  not  disclose  or
31    otherwise   make  available  to  any  person  or  entity  any
32    personally identifying information obtained by the  Secretary
33    of  State  in connection with a driver's license, vehicle, or
34    title registration record unless the information is disclosed
 
SB487 Enrolled             -73-      LRB093 05120 AMC 05180 b
 1    for one of the following purposes:
 2             (1)  For use by any government agency, including any
 3        court or law enforcement  agency,  in  carrying  out  its
 4        functions,  or  any  private  person  or entity acting on
 5        behalf of a federal, State, or local agency  in  carrying
 6        out its functions.
 7             (2)  For  use  in  connection  with matters of motor
 8        vehicle  or  driver  safety  and  theft;  motor   vehicle
 9        emissions; motor vehicle product alterations, recalls, or
10        advisories;  performance  monitoring  of  motor vehicles,
11        motor  vehicle  parts,  and  dealers;  and   removal   of
12        non-owner  records  from  the  original  owner records of
13        motor vehicle manufacturers.
14             (3)  For use in the normal course of business  by  a
15        legitimate   business   or   its  agents,  employees,  or
16        contractors, but only:
17                  (A)  to  verify  the   accuracy   of   personal
18             information   submitted  by  an  individual  to  the
19             business or its agents, employees,  or  contractors;
20             and
21                  (B)  if such information as so submitted is not
22             correct  or  is  no  longer  correct,  to obtain the
23             correct information, but only for  the  purposes  of
24             preventing   fraud   by,   pursuing  legal  remedies
25             against,  or  recovering  on  a  debt  or   security
26             interest against, the individual.
27             (4)  For  use  in research activities and for use in
28        producing  statistical   reports,   if   the   personally
29        identifying information is not published, redisclosed, or
30        used to contact individuals.
31             (5)  For use in connection with any civil, criminal,
32        administrative,  or  arbitral  proceeding in any federal,
33        State,  or  local  court  or   agency   or   before   any
34        self-regulatory  body,  including the service of process,
 
SB487 Enrolled             -74-      LRB093 05120 AMC 05180 b
 1        investigation in  anticipation  of  litigation,  and  the
 2        execution  or  enforcement  of  judgments  and orders, or
 3        pursuant to an order of a federal, State, or local court.
 4             (6)  For use by any  insurer  or  insurance  support
 5        organization  or  by a self-insured entity or its agents,
 6        employees,  or  contractors  in  connection  with  claims
 7        investigation activities, antifraud  activities,  rating,
 8        or underwriting.
 9             (7)  For  use  in  providing notice to the owners of
10        towed or impounded vehicles.
11             (8)  For use by any private investigative agency  or
12        security  service  licensed  in  Illinois for any purpose
13        permitted under this subsection.
14             (9)  For use by an employer or its agent or  insurer
15        to obtain or verify information relating to a holder of a
16        commercial   driver's  license  that  is  required  under
17        chapter 313 of title 49 of the United States Code.
18             (10)  For use in connection with  the  operation  of
19        private toll transportation facilities.
20             (11)  For  use  by  any  requester, if the requester
21        demonstrates it has obtained the written consent  of  the
22        individual to whom the information pertains.
23             (12)  For  use  by  members  of  the  news media, as
24        defined  in  Section  1-148.5,   for   the   purpose   of
25        newsgathering  when  the request relates to the operation
26        of a motor vehicle or public safety.
27             (13)  For any other use specifically  authorized  by
28        law,  if  that use is related to the operation of a motor
29        vehicle or public safety.
30        (g) 1.  The Secretary of State may,  upon  receipt  of  a
31        written request and a fee of $6, furnish to the person or
32        agency  so  requesting  a driver's record.  Such document
33        may  include  a  record  of:  current  driver's   license
34        issuance  information,  except  that  the  information on
 
SB487 Enrolled             -75-      LRB093 05120 AMC 05180 b
 1        judicial driving  permits  shall  be  available  only  as
 2        otherwise  provided  by  this  Code;  convictions; orders
 3        entered revoking, suspending  or  cancelling  a  driver's
 4        license   or   privilege;   and   notations  of  accident
 5        involvement.  All  other  information,  unless  otherwise
 6        permitted   by  this  Code,  shall  remain  confidential.
 7        Information released pursuant to a request for a driver's
 8        record   shall   not   contain   personally   identifying
 9        information, unless the request for the  driver's  record
10        was  made for one of the purposes set forth in subsection
11        (f-5) of this Section.
12             2.  The Secretary of State may certify  an  abstract
13        of  a  driver's  record  upon  written  request therefor.
14        Such certification shall be made under the  signature  of
15        the  Secretary of State and shall be authenticated by the
16        Seal of his office.
17             3.  All  requests  for  driving  record  information
18        shall be made in a manner prescribed by the Secretary and
19        shall  set  forth  the  intended  use  of  the  requested
20        information.
21             The Secretary  of  State  may  notify  the  affected
22        driver of the request for purchase of his driver's record
23        as the Secretary deems appropriate.
24             No  information  shall  be released to the requester
25        until expiration of a 10 day period.  This 10 day  period
26        shall  not  apply to requests for information made by law
27        enforcement  officials,  government  agencies,  financial
28        institutions, attorneys, insurers, employers,  automobile
29        associated  businesses,  persons  licensed  as  a private
30        detective or firms licensed as a private detective agency
31        under  the  Private  Detective,  Private  Alarm,  Private
32        Security, and Locksmith Act of 2004 and Private  Security
33        Act  of 1983, who are employed by or are acting on behalf
34        of  law  enforcement  officials,   government   agencies,
 
SB487 Enrolled             -76-      LRB093 05120 AMC 05180 b
 1        financial  institutions,  attorneys, insurers, employers,
 2        automobile  associated  businesses,  and  other  business
 3        entities  for  purposes  consistent  with  the   Illinois
 4        Vehicle  Code,  the  affected driver or other entities as
 5        the Secretary may exempt by rule and regulation.
 6             Any misrepresentation made by a requestor of  driver
 7        information  shall  be  punishable  as  a  petty offense,
 8        except in the case  of  persons  licensed  as  a  private
 9        detective or firms licensed as a private detective agency
10        which  shall  be  subject to disciplinary sanctions under
11        Section 40-10 22 or 25 of the Private Detective,  Private
12        Alarm,  Private  Security,  and Locksmith Act of 2004 and
13        Private Security Act of 1983.
14             4.  The Secretary of State may furnish without  fee,
15        upon the written request of a law enforcement agency, any
16        information  from  a  driver's  record  on  file with the
17        Secretary of State when such information is  required  in
18        the enforcement of this Code or any other law relating to
19        the  operation  of  motor  vehicles, including records of
20        dispositions; documented information involving the use of
21        a  motor  vehicle;  whether  such  individual   has,   or
22        previously  had,  a driver's license; and the address and
23        personal  description  as  reflected  on  said   driver's
24        record.
25             5.  Except  as  otherwise  provided in this Section,
26        the  Secretary  of  State  may  furnish,   without   fee,
27        information  from  an individual driver's record on file,
28        if a written request therefor is submitted by any  public
29        transit   system   or  authority,  public  defender,  law
30        enforcement agency, a state  or  federal  agency,  or  an
31        Illinois  local  intergovernmental  association,  if  the
32        request  is  for  the  purpose  of  a background check of
33        applicants for employment with the requesting agency,  or
34        for the purpose of an official investigation conducted by
 
SB487 Enrolled             -77-      LRB093 05120 AMC 05180 b
 1        the  agency,  or  to  determine a current address for the
 2        driver so public funds can be recovered or  paid  to  the
 3        driver,  or for any other purpose set forth in subsection
 4        (f-5) of this Section.
 5             The Secretary may also furnish the courts a copy  of
 6        an abstract of a driver's record, without fee, subsequent
 7        to  an  arrest  for  a  violation  of Section 11-501 or a
 8        similar provision of a local  ordinance.   Such  abstract
 9        may   include   records   of   dispositions;   documented
10        information  involving  the  use  of  a  motor vehicle as
11        contained in the current file;  whether  such  individual
12        has,  or  previously  had,  a  driver's  license; and the
13        address and personal description  as  reflected  on  said
14        driver's record.
15             6.  Any  certified  abstract issued by the Secretary
16        of State or transmitted electronically by  the  Secretary
17        of  State  pursuant  to  this  Section,  to a court or on
18        request of a law enforcement agency, for the record of  a
19        named  person  as  to the status of the person's driver's
20        license shall  be  prima  facie  evidence  of  the  facts
21        therein stated and if the name appearing in such abstract
22        is  the  same as that of a person named in an information
23        or warrant, such abstract shall be prima  facie  evidence
24        that  the  person named in such information or warrant is
25        the same person as the person named in such abstract  and
26        shall  be  admissible for any prosecution under this Code
27        and be admitted as proof of any prior conviction or proof
28        of records, notices, or  orders  recorded  on  individual
29        driving records maintained by the 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, the Secretary of State shall
33        provide a driver's record to the affected driver, or  the
34        affected  driver's  attorney,  upon  verification.   Such
 
SB487 Enrolled             -78-      LRB093 05120 AMC 05180 b
 1        record  shall  contain all the information referred to in
 2        paragraph 1 of this subsection  (g)  plus:  any  recorded
 3        accident  involvement  as  a driver; information recorded
 4        pursuant to subsection (e) of Section 6-117 and paragraph
 5        (4) of subsection (a) of Section 6-204 of this Code.  All
 6        other information, unless  otherwise  permitted  by  this
 7        Code, shall remain confidential.
 8        (h)  The  Secretary  shall  not  disclose social security
 9    numbers except pursuant to a written request by, or with  the
10    prior  written  consent  of,  the  individual  except: (1) to
11    officers and employees of the Secretary who have  a  need  to
12    know  the  social  security  numbers  in performance of their
13    official duties, (2)  to  law  enforcement  officials  for  a
14    lawful,  civil or criminal law enforcement investigation, and
15    if 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
19    Transportation,   or   any   other  State,  pursuant  to  the
20    administration  and  enforcement  of  the  Commercial   Motor
21    Vehicle  Safety  Act of 1986, (4)  pursuant to the order of a
22    court of competent jurisdiction, or (5) to the Department  of
23    Public  Aid  for utilization in the child support enforcement
24    duties assigned to that Department under  provisions  of  the
25    Public  Aid  Code  after the individual has received advanced
26    meaningful notification of what redisclosure is sought by the
27    Secretary in accordance with the federal Privacy Act.
28        (i)  (Blank).
29        (j)  Medical statements or medical  reports  received  in
30    the  Secretary  of  State's Office shall be confidential.  No
31    confidential information may be open to public inspection  or
32    the   contents  disclosed  to  anyone,  except  officers  and
33    employees of the Secretary  who  have  a  need  to  know  the
34    information  contained  in the medical reports and the Driver
 
SB487 Enrolled             -79-      LRB093 05120 AMC 05180 b
 1    License Medical Advisory Board,  unless  so  directed  by  an
 2    order of a court of competent jurisdiction.
 3        (k)  All  fees collected under this Section shall be paid
 4    into the Road Fund of the State Treasury, except that  $3  of
 5    the  $6  fee  for  a  driver's  record shall be paid into the
 6    Secretary of State Special Services Fund.
 7        (l)  (Blank).
 8        (m)  Notations  of  accident  involvement  that  may   be
 9    disclosed  under  this  Section  shall  not include notations
10    relating to damage to  a  vehicle  or  other  property  being
11    transported  by  a  tow truck.  This information shall remain
12    confidential, provided that nothing in  this  subsection  (m)
13    shall  limit  disclosure  of  any  notification  of  accident
14    involvement to any law enforcement agency or official.
15        (n)  Requests   made  by  the  news  media  for  driver's
16    license, vehicle, or title registration  information  may  be
17    furnished   without   charge  or  at  a  reduced  charge,  as
18    determined by the Secretary, when the  specific  purpose  for
19    requesting  the  documents  is  deemed  to  be  in the public
20    interest.  Waiver or reduction of the fee is  in  the  public
21    interest if the principal purpose of the request is to access
22    and disseminate information regarding the health, safety, and
23    welfare  or the legal rights of the general public and is not
24    for the principal purpose of gaining a personal or commercial
25    benefit. The information provided pursuant to this subsection
26    shall not contain personally identifying  information  unless
27    the  information  is  to  be  used  for  one  of the purposes
28    identified in subsection (f-5) of this Section.
29        (o)  The   redisclosure   of    personally    identifying
30    information  obtained pursuant to this Section is prohibited,
31    except to the extent necessary to effectuate the purpose  for
32    which   the   original  disclosure  of  the  information  was
33    permitted.
34        (p)  The Secretary of State is empowered to  adopt  rules
 
SB487 Enrolled             -80-      LRB093 05120 AMC 05180 b
 1    to effectuate this Section.
 2    (Source: P.A.  91-37,  eff.  7-1-99;  91-357,  eff.  7-29-99;
 3    91-716,  eff.  10-1-00;  92-32,  eff.  7-1-01;  92-651,  eff.
 4    7-11-02.)

 5        Section  90-30.   The Criminal Code of 1961 is amended by
 6    changing Section 24-2 as follows:

 7        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
 8        Sec. 24-2.  Exemptions.
 9        (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
10    and  Section  24-1.6  do  not  apply  to or affect any of the
11    following:
12             (1)  Peace officers, and any person  summoned  by  a
13        peace  officer  to assist in making arrests or preserving
14        the peace,  while  actually  engaged  in  assisting  such
15        officer.
16             (2)  Wardens,   superintendents   and   keepers   of
17        prisons, penitentiaries, jails and other institutions for
18        the  detention  of  persons  accused  or  convicted of an
19        offense, while in the performance of their official duty,
20        or while commuting between  their  homes  and  places  of
21        employment.
22             (3)  Members of the Armed Services or Reserve Forces
23        of  the  United  States or the Illinois National Guard or
24        the  Reserve  Officers  Training  Corps,  while  in   the
25        performance of their official duty.
26             (4)  Special  agents  employed  by  a  railroad or a
27        public utility to perform police functions, and guards of
28        armored car companies,  while  actually  engaged  in  the
29        performance   of   the  duties  of  their  employment  or
30        commuting between their homes and places  of  employment;
31        and watchmen while actually engaged in the performance of
32        the duties of their employment.
 
SB487 Enrolled             -81-      LRB093 05120 AMC 05180 b
 1             (5)  Persons    licensed    as    private   security
 2        contractors,  private  detectives,   or   private   alarm
 3        contractors,  or  employed  by an agency certified by the
 4        Department of Professional Regulation,  if  their  duties
 5        include  the carrying of a weapon under the provisions of
 6        the Private Detective, Private Alarm,  Private  Security,
 7        and  Locksmith  Act  of  2004 and Private Security Act of
 8        1983, while actually engaged in the  performance  of  the
 9        duties  of  their  employment  or commuting between their
10        homes  and  places  of  employment,  provided  that  such
11        commuting is accomplished within one hour from  departure
12        from  home  or  place  of employment, as the case may be.
13        Persons exempted under this subdivision (a)(5)  shall  be
14        required to have completed  a course of study in firearms
15        handling  and  training  approved  and  supervised by the
16        Department of Professional Regulation  as  prescribed  by
17        Section  28  of  the  Private  Detective,  Private Alarm,
18        Private Security, and Locksmith Act of 2004  and  Private
19        Security Act of 1983, prior to becoming eligible for this
20        exemption.   The  Department  of  Professional Regulation
21        shall provide suitable  documentation  demonstrating  the
22        successful   completion   of   the   prescribed  firearms
23        training.  Such documentation shall  be  carried  at  all
24        times   when   such   persons  are  in  possession  of  a
25        concealable weapon.
26             (6)  Any person regularly employed in  a  commercial
27        or  industrial  operation  as  a  security  guard for the
28        protection  of  persons  employed  and  private  property
29        related to such commercial or industrial operation, while
30        actually engaged in the performance of his or her duty or
31        traveling between sites or properties  belonging  to  the
32        employer,  and who, as a security guard, is a member of a
33        security force of at least 5 persons registered with  the
34        Department of Professional Regulation; provided that such
 
SB487 Enrolled             -82-      LRB093 05120 AMC 05180 b
 1        security  guard  has  successfully  completed a course of
 2        study, approved by and supervised by  the  Department  of
 3        Professional  Regulation,  consisting of not less than 40
 4        hours  of  training  that  includes  the  theory  of  law
 5        enforcement, liability for  acts,  and  the  handling  of
 6        weapons.   A person shall be considered eligible for this
 7        exemption if he or she  has  completed  the  required  20
 8        hours  of training for a security officer and 20 hours of
 9        required firearm training, and has been issued a  firearm
10        authorization  card  by  the  Department  of Professional
11        Regulation.   Conditions  for  the  renewal  of   firearm
12        authorization  cards  issued under the provisions of this
13        Section shall be the same as for those cards issued under
14        the provisions of the Private Detective,  Private  Alarm,
15        Private  Security,  and Locksmith Act of 2004 and Private
16        Security Act of 1983.  Such  firearm  authorization  card
17        shall  be carried by the security guard at all times when
18        he or she is in possession of a concealable weapon.
19             (7)  Agents  and  investigators  of   the   Illinois
20        Legislative  Investigating  Commission  authorized by the
21        Commission to carry the weapons specified in  subsections
22        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
23        any investigation for the Commission.
24             (8)  Persons employed by a financial institution for
25        the protection of other employees and property related to
26        such financial institution, while actually engaged in the
27        performance  of  their  duties,  commuting  between their
28        homes and places  of  employment,  or  traveling  between
29        sites  or  properties owned or operated by such financial
30        institution, provided that any  person  so  employed  has
31        successfully completed a course of study, approved by and
32        supervised  by the Department of Professional Regulation,
33        consisting of not less than 40 hours  of  training  which
34        includes  theory  of law enforcement, liability for acts,
 
SB487 Enrolled             -83-      LRB093 05120 AMC 05180 b
 1        and the handling of weapons. A person shall be considered
 2        to be eligible for  this  exemption  if  he  or  she  has
 3        completed  the  required  20  hours  of  training  for  a
 4        security   officer  and  20  hours  of  required  firearm
 5        training, and has been  issued  a  firearm  authorization
 6        card   by  the  Department  of  Professional  Regulation.
 7        Conditions for renewal  of  firearm  authorization  cards
 8        issued  under the provisions of this Section shall be the
 9        same as for those issued  under  the  provisions  of  the
10        Private  Detective,  Private Alarm, Private Security, and
11        Locksmith Act of 2004 and Private Security Act  of  1983.
12        Such  firearm  authorization card shall be carried by the
13        person so trained at all times when  such  person  is  in
14        possession of a concealable weapon.  For purposes of this
15        subsection, "financial institution" means a bank, savings
16        and  loan  association, credit union or company providing
17        armored car services.
18             (9)  Any person employed by an armored  car  company
19        to  drive  an  armored car, while actually engaged in the
20        performance of his duties.
21             (10)  Persons who  have  been  classified  as  peace
22        officers pursuant to the Peace Officer Fire Investigation
23        Act.
24             (11)  Investigators  of  the  Office  of the State's
25        Attorneys Appellate Prosecutor authorized by the board of
26        governors  of  the  Office  of  the   State's   Attorneys
27        Appellate Prosecutor to carry weapons pursuant to Section
28        7.06 of the State's Attorneys Appellate Prosecutor's Act.
29             (12)  Special  investigators  appointed by a State's
30        Attorney under Section 3-9005 of the Counties Code.
31             (13)  Court   Security   Officers   while   in   the
32        performance of their official duties, or while  commuting
33        between  their  homes  and places of employment, with the
34        consent of the Sheriff.
 
SB487 Enrolled             -84-      LRB093 05120 AMC 05180 b
 1             (13.5)  A person employed as an armed security guard
 2        at a nuclear energy, storage, weapons or development site
 3        or  facility  regulated   by   the   Nuclear   Regulatory
 4        Commission who has completed the background screening and
 5        training  mandated  by  the  rules and regulations of the
 6        Nuclear Regulatory Commission.
 7             (14)  Manufacture,  transportation,   or   sale   of
 8        weapons  to  persons  authorized  under  subdivisions (1)
 9        through  (13.5)  of  this  subsection  to  possess  those
10        weapons.
11        (b)  Subsections 24-1(a)(4) and 24-1(a)(10)  and  Section
12    24-1.6 do not apply to or affect any of the following:
13             (1)  Members  of  any club or organization organized
14        for the purpose of practicing shooting  at  targets  upon
15        established target ranges, whether public or private, and
16        patrons of such ranges, while such members or patrons are
17        using their firearms on those target ranges.
18             (2)  Duly authorized military or civil organizations
19        while  parading,  with  the  special  permission  of  the
20        Governor.
21             (3)  Hunters,  trappers  or fishermen with a license
22        or permit while engaged in hunting, trapping or fishing.
23             (4)  Transportation of weapons that are broken  down
24        in   a  non-functioning  state  or  are  not  immediately
25        accessible.
26        (c)  Subsection 24-1(a)(7) does not apply  to  or  affect
27    any of the following:
28             (1)  Peace  officers  while  in performance of their
29        official duties.
30             (2)  Wardens,   superintendents   and   keepers   of
31        prisons, penitentiaries, jails and other institutions for
32        the detention of  persons  accused  or  convicted  of  an
33        offense.
34             (3)  Members of the Armed Services or Reserve Forces
 
SB487 Enrolled             -85-      LRB093 05120 AMC 05180 b
 1        of  the  United  States  or  the Illinois National Guard,
 2        while in the performance of their official duty.
 3             (4)  Manufacture, transportation, or sale of machine
 4        guns to persons authorized under subdivisions (1) through
 5        (3) of this subsection to possess machine  guns,  if  the
 6        machine  guns  are broken down in a non-functioning state
 7        or are not immediately accessible.
 8             (5)  Persons   licensed   under   federal   law   to
 9        manufacture any weapon from which  8  or  more  shots  or
10        bullets  can  be  discharged  by a single function of the
11        firing  device,  or  ammunition  for  such  weapons,  and
12        actually engaged in the business  of  manufacturing  such
13        weapons   or   ammunition,   but  only  with  respect  to
14        activities which are within  the  lawful  scope  of  such
15        business,  such  as  the  manufacture, transportation, or
16        testing of such weapons or  ammunition.   This  exemption
17        does  not authorize the general private possession of any
18        weapon from which 8 or  more  shots  or  bullets  can  be
19        discharged by a single function of the firing device, but
20        only  such  possession  and  activities as are within the
21        lawful  scope  of  a  licensed   manufacturing   business
22        described in this paragraph.
23             During  transportation, such weapons shall be broken
24        down  in  a  non-functioning  state  or  not  immediately
25        accessible.
26             (6)  The manufacture, transport, testing,  delivery,
27        transfer   or   sale,   and   all  lawful  commercial  or
28        experimental activities  necessary  thereto,  of  rifles,
29        shotguns,  and  weapons  made from rifles or shotguns, or
30        ammunition for such rifles, shotguns  or  weapons,  where
31        engaged  in  by  a  person  operating  as a contractor or
32        subcontractor pursuant to a contract or  subcontract  for
33        the  development  and  supply  of  such rifles, shotguns,
34        weapons or ammunition to the United States government  or
 
SB487 Enrolled             -86-      LRB093 05120 AMC 05180 b
 1        any branch of the Armed Forces of the United States, when
 2        such  activities are necessary and incident to fulfilling
 3        the terms of such contract.
 4             The exemption granted under this subdivision  (c)(6)
 5        shall  also  apply  to  any  authorized agent of any such
 6        contractor or subcontractor who is operating  within  the
 7        scope  of his employment, where such activities involving
 8        such weapon, weapons  or  ammunition  are  necessary  and
 9        incident to fulfilling the terms of such contract.
10             During  transportation,  any  such  weapon  shall be
11        broken  down  in  a   non-functioning   state,   or   not
12        immediately accessible.
13        (d)  Subsection   24-1(a)(1)   does   not  apply  to  the
14    purchase,  possession  or  carrying  of   a   black-jack   or
15    slung-shot by a peace officer.
16        (e)  Subsection  24-1(a)(8)  does not apply to any owner,
17    manager or authorized employee of any place specified in that
18    subsection nor to any law enforcement officer.
19        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
20    Section 24-1.6 do  not  apply  to  members  of  any  club  or
21    organization organized for the purpose of practicing shooting
22    at  targets upon established target ranges, whether public or
23    private, while using their firearms on those target ranges.
24        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
25    apply to:
26             (1)  Members of the Armed Services or Reserve Forces
27        of the United States  or  the  Illinois  National  Guard,
28        while in the performance of their official duty.
29             (2)  Bonafide   collectors  of  antique  or  surplus
30        military ordinance.
31             (3)  Laboratories having a  department  of  forensic
32        ballistics,   or   specializing  in  the  development  of
33        ammunition or explosive ordinance.
34             (4)  Commerce, preparation, assembly  or  possession
 
SB487 Enrolled             -87-      LRB093 05120 AMC 05180 b
 1        of  explosive  bullets  by  manufacturers  of  ammunition
 2        licensed  by  the  federal government, in connection with
 3        the supply of those organizations and persons exempted by
 4        subdivision (g)(1) of this Section, or like organizations
 5        and persons outside this State, or the transportation  of
 6        explosive  bullets to any organization or person exempted
 7        in this Section by a common carrier or by a vehicle owned
 8        or leased by an exempted manufacturer.
 9        (h)  An information or indictment based upon a  violation
10    of  any  subsection  of  this  Article  need not negative any
11    exemptions contained in this Article.   The  defendant  shall
12    have the burden of proving such an exemption.
13        (i)  Nothing in this Article shall prohibit, apply to, or
14    affect  the  transportation,  carrying, or possession, of any
15    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
16    consigned to a common carrier operating under license of  the
17    State  of  Illinois  or  the  federal  government, where such
18    transportation, carrying, or possession is  incident  to  the
19    lawful   transportation  in  which  such  common  carrier  is
20    engaged; and nothing in this Article  shall  prohibit,  apply
21    to,  or affect the transportation, carrying, or possession of
22    any pistol, revolver, stun gun, taser, or other firearm,  not
23    the  subject  of  and  regulated  by subsection 24-1(a)(7) or
24    subsection 24-2(c) of this Article,  which  is  unloaded  and
25    enclosed  in  a  case, firearm carrying box, shipping box, or
26    other container, by the possessor of a valid  Firearm  Owners
27    Identification Card.
28    (Source:  P.A.  91-287,  eff.  1-1-00;  91-690, eff. 4-13-00;
29    92-325, eff. 8-9-01.)

30        Section 90-35.  The Code of Civil Procedure is amended by
31    changing Section 2-202 as follows:

32        (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
 
SB487 Enrolled             -88-      LRB093 05120 AMC 05180 b
 1        Sec. 2-202. Persons authorized to serve process; Place of
 2    service; Failure to make return.
 3        (a)  Process shall be served by  a  sheriff,  or  if  the
 4    sheriff  is  disqualified, by a coroner of some county of the
 5    State.  A sheriff of a county with a population of less  than
 6    1,000,000 may employ civilian personnel to serve process.  In
 7    counties  with  a  population of less than 1,000,000, process
 8    may be served, without special appointment, by a  person  who
 9    is  licensed  or  registered as a private detective under the
10    Private Detective,  Private  Alarm,   Private  Security,  and
11    Locksmith  Act  of 2004 1993 or by a registered employee of a
12    private detective agency certified under that Act.  A private
13    detective or licensed employee must supply the sheriff of any
14    county in which he serves process with a copy of his  license
15    or  certificate;  however,  the failure of a person to supply
16    the copy shall not in any way impair the validity of  process
17    served  by  the person. The court may, in its discretion upon
18    motion, order service to be made by a private person over  18
19    years  of  age  and  not  a  party  to  the action. It is not
20    necessary that service be made by a sheriff or coroner of the
21    county in which service is made. If served or  sought  to  be
22    served  by  a sheriff or coroner, he or she shall endorse his
23    or her return thereon, and if by a private person the  return
24    shall be by affidavit.
25        (a-5)  Upon  motion  and in its discretion, the court may
26    appoint as a  special  process  server  a  private  detective
27    agency  certified under the Private Detective, Private Alarm,
28    Private Security, and Locksmith Act of 2004 1993.  Under  the
29    appointment, any employee of the private detective agency who
30    is  registered  under  that  Act  may serve the process.  The
31    motion and the order of appointment must contain  the  number
32    of  the certificate issued to the private detective agency by
33    the Department of Professional Regulation under  the  Private
34    Detective, Private Alarm, Private Security, and Locksmith Act
 
SB487 Enrolled             -89-      LRB093 05120 AMC 05180 b
 1    of 2004 1993.
 2        (b)  Summons  may  be served upon the defendants wherever
 3    they may be found in the State, by any person  authorized  to
 4    serve  process.  An  officer  may serve summons in his or her
 5    official capacity outside his or her  county,  but  fees  for
 6    mileage  outside the county of the officer cannot be taxed as
 7    costs. The person serving the process in a foreign county may
 8    make return by mail.
 9        (c)  If any sheriff, coroner, or other person to whom any
10    process is delivered, neglects or refuses to make  return  of
11    the  same,  the  plaintiff  may petition the court to enter a
12    rule requiring the sheriff, coroner, or other person, to make
13    return of the process on a day to be fixed by the  court,  or
14    to  show  cause  on  that  day  why that person should not be
15    attached for contempt of the court. The plaintiff shall  then
16    cause  a  written  notice  of  the  rule  to be served on the
17    sheriff, coroner, or other person.  If  good  and  sufficient
18    cause be not shown to excuse the officer or other person, the
19    court  shall  adjudge  him  or  her guilty of a contempt, and
20    shall impose punishment as in other cases of contempt.
21        (d)  If process is served by a sheriff  or  coroner,  the
22    court  may  tax the fee of the sheriff or coroner as costs in
23    the proceeding.  If process is served by a private person  or
24    entity,  the  court may establish a fee therefor and tax such
25    fee as costs in the proceedings.
26        (e)  In addition to the powers stated in Section 8.1a  of
27    the Housing Authorities Act, in counties with a population of
28    3,000,000 or more inhabitants, members of a housing authority
29    police  force  may  serve  process  for  forcible  entry  and
30    detainer  actions commenced by that housing authority and may
31    execute orders of possession for that housing authority.
32        (f)  In counties with a population of 3,000,000 or  more,
33    process may be served, with special appointment by the court,
34    by a private process server or a law enforcement agency other
 
SB487 Enrolled             -90-      LRB093 05120 AMC 05180 b
 1    than  the  county sheriff in proceedings instituted under the
 2    Forcible Entry and Detainer Article of this Code as a  result
 3    of  a  lessor  or  lessor's  assignee  declaring a lease void
 4    pursuant to  Section  11  of  the  Controlled  Substance  and
 5    Cannabis Nuisance Act.
 6    (Source: P.A. 90-557, eff. 6-1-98; 91-95, eff. 7-9-99.)

 7                     ARTICLE 99. EFFECTIVE DATE.

 8        Section 99-5.  Effective date. This Act takes effect upon
 9    becoming law.