State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 006 ][ House Amendment 008 ]

91_SB0452enr

 
SB452 Enrolled                                LRB9100558ACtmA

 1        AN  ACT  to  amend  the Private Detective, Private Alarm,
 2    Private Security, and Locksmith Act of 1993.

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

 5        Section 5.  The Private Detective, Private Alarm, Private
 6    Security,  and  Locksmith  Act of 1993 is amended by changing
 7    Sections 5, 75, 77, 80, 150, and 155 as follows:

 8        (225 ILCS 446/5)
 9        Sec. 5.  Definitions.  In this Act:
10        "Armed employee" means a licensee  or  a  person  who  is
11    currently  employed by an agency certified under this Act who
12    is armed while engaged in the performance of official  duties
13    within  the  course  and  scope  of  his or her employment or
14    exclusively employed by an employer during the hours or times
15    he or she is scheduled to  work  for  that  employer,  or  is
16    commuting  between  his  or her home and place of employment,
17    provided the commuting is accomplished within one  hour  from
18    departure  from home or place of employment, and there exists
19    an employer/employee relationship, whose  full  or  part-time
20    duties  include  the  wearing,  carrying  or  possessing of a
21    firearm in the performance of those duties.
22        "Board" means the  Illinois  Private  Detective,  Private
23    Alarm, Private Security, and Locksmith Board.
24        "Department"    means    the   Illinois   Department   of
25    Professional Regulation.
26        "Director"  means  the  Director  of  the  Department  of
27    Professional Regulation.
28        "Person" means a natural person.
29        "Private alarm contractor" means any person  who  engages
30    in  a  business  that  sells,  installs, monitors, maintains,
31    alters, repairs, replaces, services,  or  responds  to  alarm
 
SB452 Enrolled             -2-                LRB9100558ACtmA
 1    systems,  including fire alarm systems, at protected premises
 2    or at premises to be protected on an emergency basis and  not
 3    as a full-time security guard; but does not include a person,
 4    firm, or corporation that manufactures or sells alarm systems
 5    only  from  its place of business and does not sell, install,
 6    monitor,  maintain,  alter,  repair,  replace,  service,   or
 7    respond to alarm systems at protected premises or premises to
 8    be  protected or a licensed electrical contractor who repairs
 9    or services fire  alarm  systems  on  an  "emergency  call-in
10    basis",  or  who  sells,  installs,  maintains,  alters,  and
11    repairs, or services fire alarm systems.
12        "Private alarm contractor agency" means any person, firm,
13    association, or corporation that engages in the private alarm
14    contractor  business  and  employs  one  or  more  persons in
15    conducting the business.
16        "Private detective" means any person who  by  any  means,
17    including  but  not  limited to manual or electronic methods,
18    engages in the business of, accepts employment to furnish, or
19    agrees to make or makes  investigations  for  fees  or  other
20    valuable  consideration  to obtain information with reference
21    to:
22             (1)  Crime or wrongs done or threatened against  the
23        United  States  or  any  state or territory of the United
24        States.
25             (2)  The   identity,   habits,   conduct,   business
26        occupation, honesty, integrity,  credibility,  knowledge,
27        trustworthiness,     efficiency,    loyalty,    activity,
28        movements,   whereabouts,   affiliations,   associations,
29        transactions,  acts,  reputation,  or  character  of  any
30        person, firm, association, or corporation, by any  means,
31        manually or electronically.
32             (3)  The  location, disposition, or recovery of lost
33        or stolen property.
34             (4)  The cause, origin, or responsibility for fires,
 
SB452 Enrolled             -3-                LRB9100558ACtmA
 1        accidents, or injuries to real or personal property.
 2             (5)  The  truth  or  falsity  of  any  statement  or
 3        representation.
 4             (6)  Securing evidence to be used before any  court,
 5        board, officer, or investigating committee.
 6             (7)  Personal  protection of individuals from bodily
 7        harm or death (bodyguard functions).
 8             (8)  Service  of  process  in  criminal  and   civil
 9        proceedings without court order.
10        "Private   detective  agency"  means  any  person,  firm,
11    association, or  corporation  that  engages  in  the  private
12    detective  business  and  employs  one  or  more  persons  in
13    conducting the business.
14        "Private   security  contractor"  means  any  person  who
15    engages  in  the  business  of  providing  a  private  guard,
16    watchman, patrol service, or any like service  by  any  other
17    title  or  name  on  a  contractual basis for another person,
18    firm, association, or corporation for a fee or other valuable
19    consideration and performing one or  more  of  the  following
20    functions:
21             (1)  The   prevention  or  detection  of  intrusion,
22        entry, theft, vandalism,  abuse,  fire,  or  trespass  on
23        private or governmental property.
24             (2)  The  prevention,  observation,  or detection of
25        any unauthorized  activity  on  private  or  governmental
26        property.
27             (3)  The  protection of patrons and persons lawfully
28        authorized to be on the premises  of  the  person,  firm,
29        association,   or   corporation   for   whom  he  or  she
30        contractually is obligated to provide security services.
31             (4)  The  prevention  of  the  misappropriation   or
32        concealment   of  goods,  money,  bonds,  stocks,  notes,
33        valuable documents, or papers.
34             (5)  The control, regulation, or  direction  of  the
 
SB452 Enrolled             -4-                LRB9100558ACtmA
 1        flow  or  movement  of  the public, whether by vehicle or
 2        otherwise, only to the extent and for the  time  directly
 3        and  specifically  required  to  assure the protection of
 4        property on property owned or controlled by the client.
 5             (6)  The protection of individuals from bodily  harm
 6        or death (bodyguard functions).
 7        "Private  security  contractor  agency" means any person,
 8    firm, association, or corporation that engages in the private
 9    security contractor business and that  employs  one  or  more
10    persons in conducting the business.
11        "Locksmith"  means  a  person  who has received a license
12    under  this  Act  and  who  engages  in   the   practice   of
13    locksmithing as defined in this Act.
14        "Locksmith  agency"  means any person, firm, association,
15    or corporation that engages in  the  locksmith  business  and
16    that employs one or more persons in conducting the business.
17        "The  practice  of  locksmithing"  includes,  but  is not
18    limited to,  the  servicing,  installing,  originating  first
19    keys,  re-coding, manipulation, or bypassing of mechanical or
20    electronic locking  devices  at  premises,  vehicles,  safes,
21    vaults, safe deposit boxes, or automatic teller machines.
22        "Public member" means a person who is not a licensee or a
23    relative  of  a  licensee,  or  who  is not an employer or an
24    employee of  a  licensee.    The  term  "relative"  shall  be
25    determined by rules of the Department.
26        "In  charge" means the individual licensee whose name and
27    license number appear on a certificate of registration for  a
28    detective,   private   security   contractor,  private  alarm
29    contractor, or locksmith  agency  is  a  full-time  executive
30    employee  or  owner  who  assumes full responsibility for all
31    employees of the agency and for their directed  actions,  and
32    assumes  full  responsibility  for  maintaining  all  records
33    required  by  this  Act  or  rule  of  the  Department and is
34    responsible for otherwise assuring compliance with this  Act.
 
SB452 Enrolled             -5-                LRB9100558ACtmA
 1    Records shall be maintained at a location in Illinois and the
 2    address  of  the  location  filed  with  the  Department  and
 3    accessible  to  Department representatives in accordance with
 4    Section 115 of this Act.  This does not relieve  any  person,
 5    firm, association, or corporation licensed as an agency under
 6    this   Act   from   also  assuming  full  responsibility  for
 7    compliance with this Act.  It is the  responsibility  of  the
 8    licensee  in  charge  to  notify  the  Department, in writing
 9    within 10 days, when the licensee terminates his  or  her  in
10    charge relationship with an agency.
11        "Permanent  employee  registration  card"  means  a  card
12    issued  by the Department to an individual who has applied to
13    the Department and has been found  to  be  employable  by  an
14    agency certified under this Act.
15        "Firearm  authorization  card" means a card issued by the
16    Department that authorizes  the  holder  to  carry  a  weapon
17    during  the  performance  of  his  or her duties as specified
18    under Section 180 of this Act.
19        "Burglar alarm system" means  any  system,  including  an
20    electronic access system or other electronic security system,
21    that  activates  an  audible,  visible, or remote signal that
22    requires a response and is designed  for  the  prevention  or
23    detection of intrusion, entry, theft, vandalism, or trespass.
24        "Fire alarm system" means any system that is activated by
25    any  automatic  or  manual  device in the detection of smoke,
26    heat, or fire that activates an audible, visible,  or  remote
27    signal that requires response.
28        "Branch  office" means any business location removed from
29    the place of business for which an agency  license  has  been
30    issued.
31        "Armed  proprietary  security  force"  means any security
32    force made up of 5 or more armed individuals  employed  in  a
33    commercial   or  industrial  operation;  one  or  more  armed
34    individuals employed in a  financial  operation  as  security
 
SB452 Enrolled             -6-                LRB9100558ACtmA
 1    guards  for  the  protection of persons; or one or more armed
 2    individuals employed for the protection of  private  property
 3    related to a commercial, industrial, or financial operation.
 4        "Association" means 2 or more persons joined together for
 5    a business purpose.
 6        "Firm"   means  any  unincorporated  business  entity  or
 7    enterprise, including but not limited to proprietorships  and
 8    partnerships.
 9        "Corporation" means any artificial person or legal entity
10    created by or under the authority of the laws of a state.
11    (Source: P.A. 88-363; 89-366, eff. 1-1-96.)

12        (225 ILCS 446/75)
13        Sec.   75.  Qualifications   for   licensure  and  agency
14    certification.
15        (a)  Private Detective.  A person is qualified to receive
16    a license as a private detective if he or she  meets  all  of
17    the following requirements:
18             (1)  Is at least 21 years of age.
19             (2)  Has  not  been convicted in any jurisdiction of
20        any felony or at least 10 years  have  expired  from  the
21        time of discharge from any sentence imposed for a felony.
22             (3)  Is  of good moral character.  Good character is
23        a continuing requirement  of  licensure.   Conviction  of
24        crimes  not  listed in paragraph (2) of subsection (a) of
25        this Section may be used in determining moral  character,
26        but does not operate as an absolute bar to licensure.
27             (4)  Has not been declared by any court of competent
28        jurisdiction  to  be  incompetent  by reason of mental or
29        physical defect or  disease  unless  a  court  has  since
30        declared him or her to be competent.
31             (5)  Is  not  suffering from habitual drunkenness or
32        from narcotic addiction or dependence.
33             (6)  Has a minimum of 3 years experience out of  the
 
SB452 Enrolled             -7-                LRB9100558ACtmA
 1        5  years  immediately  preceding  his  or her application
 2        working full-time for a licensed private detective agency
 3        as a registered private  detective  employee  or  with  3
 4        years experience out of the 5 years immediately preceding
 5        his   or   her   application   employed  as  a  full-time
 6        investigator  for  a  licensed  attorney  or  in  a   law
 7        enforcement  agency  of  a  federal  or  State  political
 8        subdivision,  which  shall  include  a State's Attorney's
 9        office or a  Public  Defender's  office,  such  full-time
10        investigator  experience  to be approved by the Board and
11        the Department.; or   An applicant  who  has  obtained  a
12        baccalaureate degree in police science or a related field
13        or  a  business  degree  from  an  accredited  college or
14        university shall be given credit for 2  of  the  3  years
15        experience required under this Section.  An applicant who
16        has  obtained  an associate degree in police science or a
17        related field or in business from an  accredited  college
18        or  university  shall  be  given  credit for one of the 3
19        years experience required under this Section.
20             (7)  Has not been dishonorably discharged  from  the
21        armed services of the United States.
22             (8)  Has    successfully   passed   an   examination
23        authorized by the  Department.    The  examination  shall
24        include  subjects  reasonably  related  to the activities
25        licensed so as to  provide  for  the  protection  of  the
26        health and safety of the public.
27             (9)  Has  not violated Section 15, 20, or 25 of this
28        Act, but this requirement does not operate as an absolute
29        bar to licensure.
30          It is the responsibility of  the  applicant  to  obtain
31    liability   insurance   in   an   amount  and  coverage  type
32    appropriate  as  determined  by  rule  for  the   applicant's
33    individual   business  circumstances.   The  applicant  shall
34    provide evidence of insurance to the Department before  being
 
SB452 Enrolled             -8-                LRB9100558ACtmA
 1    issued a license.  This insurance requirement is a continuing
 2    requirement  for  licensure.    Failure to maintain insurance
 3    shall  result  in  cancellation  of  the   license   by   the
 4    Department.
 5        (b)  Private  security contractor.  A person is qualified
 6    to receive a license as a private security contractor  if  he
 7    or she meets all of the following requirements:
 8             (1)  Is at least 21 years of age.
 9             (2)  Has  not  been convicted in any jurisdiction of
10        any felony or at least 10 years  have  expired  from  the
11        time of discharge from any sentence imposed for a felony.
12             (3)  Is   of   good  moral  character.   Good  moral
13        character  is  a  continuing  requirement  of  licensure.
14        Convictions of crimes not  listed  in  paragraph  (2)  of
15        subsection (b) of this Section may be used in determining
16        moral character, but do not operate as an absolute bar to
17        licensure.
18             (4)  Has not been declared by any court of competent
19        jurisdiction  to  be  incompetent  by reason of mental or
20        physical defect or  disease  unless  a  court  has  since
21        declared him or her to be competent.
22             (5)  Is  not  suffering from habitual drunkenness or
23        from narcotic addiction or dependence.
24             (6)  Has a minimum of 3 years experience out of  the
25        5 years immediately preceding his or her application as a
26        full-time manager or administrator for a licensed private
27        security  contractor agency or a manager or administrator
28        of a proprietary security force of  30  or  more  persons
29        registered   with   the   Department,  or  with  3  years
30        experience out of the 5 years immediately  preceding  his
31        or  her  application  as  a full-time supervisor in a law
32        enforcement  agency  of  a  federal  or  State  political
33        subdivision, which shall  include  a  State's  Attorney's
34        office   or  Public  Defender's  office,  such  full-time
 
SB452 Enrolled             -9-                LRB9100558ACtmA
 1        supervisory experience to be approved by  the  Board  and
 2        the  Department.;  or    An  applicant who has obtained a
 3        baccalaureate degree in police science or a related field
 4        or a  business  degree  from  an  accredited  college  or
 5        university  shall  be  given  credit for 2 of the 3 years
 6        experience required under this Section.  An applicant who
 7        has obtained an associate degree in police science  or  a
 8        related  field  or in business from an accredited college
 9        or university shall be given credit  for  one  of  the  3
10        years experience required under this Section.
11             (7)  Has  not  been dishonorably discharged from the
12        armed services of the United States.
13             (8)  Has   successfully   passed   an    examination
14        authorized  by  the  Department.    The examination shall
15        include subjects reasonably  related  to  the  activities
16        licensed  so  as  to  provide  for  the protection of the
17        health and safety of the public.
18             (9)  Has not violated Section 15, 20, or 25 of  this
19        Act, but this requirement does not operate as an absolute
20        bar to licensure.
21          It  is  the  responsibility  of the applicant to obtain
22    liability insurance in amount and coverage  type  appropriate
23    as determined by rule for the applicant's individual business
24    circumstances.   The  applicant  shall  provide  evidence  of
25    insurance  to  the  Department before being issued a license.
26    This insurance requirement is a  continuing  requirement  for
27    licensure.   Failure  to  maintain  insurance shall result in
28    cancellation of the license by the Department.
29        (c)  Private alarm contractor.  A person is qualified  to
30    receive  a license as a private alarm contractor if he or she
31    meets all of the following requirements:
32             (1)  Is at least 21 years of age.
33             (2)  Has not been convicted in any  jurisdiction  of
34        any  felony  or  at  least 10 years have expired from the
 
SB452 Enrolled             -10-               LRB9100558ACtmA
 1        time of discharge from any sentence imposed for a felony.
 2             (3)  Is  of  good  moral  character.    Good   moral
 3        character  is  a  continuing  requirement  of  licensure.
 4        Convictions  of  crimes  not  listed  in paragraph (2) of
 5        subsection (c) of this Section may be used in determining
 6        moral character, but do not operate as an absolute bar to
 7        licensure.
 8             (4)  Has not been declared by any court of competent
 9        jurisdiction to be incompetent by  reason  of  mental  or
10        physical  defect  or  disease  unless  a  court has since
11        declared him or her to be competent.
12             (5)  Is not suffering from habitual  drunkenness  or
13        from narcotic addiction or dependence.
14             (6)  Has  not  been dishonorably discharged from the
15        armed services of the United States.
16             (7)  Has a minimum of 3 years experience out of  the
17        5  years immediately preceding application as a full time
18        manager or administrator for  an  agency  licensed  as  a
19        private  alarm  contractor  agency, or for an entity that
20        designs, sells, installs,  services,  or  monitors  alarm
21        systems  which  in  the  judgment  of the Board satisfies
22        standards of alarm industry  competence.   An  individual
23        who   has   received   a  4  year  degree  in  electrical
24        engineering or a related field from a program approved by
25        the Board shall be given credit for 2 years of experience
26        under this item (7).  An individual who has  successfully
27        completed  a  national  certification program approved by
28        the  Board  shall  be  given  credit  for  one  year   of
29        experience under this item (7).
30             (8)  Has    successfully   passed   an   examination
31        authorized by the  Department.    The  examination  shall
32        include  subjects  reasonably  related  to the activities
33        licensed so as to  provide  for  the  protection  of  the
34        health and safety of the public.
 
SB452 Enrolled             -11-               LRB9100558ACtmA
 1             (9)  Has  not violated Section 15, 20, or 25 of this
 2        Act, but this requirement does not operate as an absolute
 3        bar to licensure.
 4          It is the responsibility of  the  applicant  to  obtain
 5    liability   insurance   in   an   amount  and  coverage  type
 6    appropriate  as  determined  by  rule  for  the   applicant's
 7    individual   business  circumstances.   The  applicant  shall
 8    provide evidence of insurance to the Department before  being
 9    issued a license.  This insurance requirement is a continuing
10    requirement  for  licensure.    Failure to maintain insurance
11    shall  result  in  cancellation  of  the   license   by   the
12    Department.
13        Alternatively, a person is qualified to receive a license
14    as   a   private   alarm   contractor   without  meeting  the
15    requirements of items (7), (8), and (9) of  this  subsection,
16    if he or she:
17             (i)  applies  for a license between July 1, 2000 and
18        August 31, 2000 September 1, 1998 and September 15, 1998,
19        in writing, on forms supplied by the Department;
20             (ii)  provides proof to the Department  that  he  or
21        she  was  engaged in the alarm contracting business on or
22        before January 1, 1984;
23             (iii)  submits the photographs, fingerprints,  proof
24        of  insurance,  and  current  license fee required by the
25        Department; and
26             (iv)  has not violated Section 25 of this Act.
27        (d)  Locksmith.  A  person  is  qualified  to  receive  a
28    license  as  a  locksmith  if  he  or  she  meets  all of the
29    following requirements:
30             (1)  Is at least 18 years of age.
31             (2)  Has not violated any provisions of Section  120
32        of this Act.
33             (3)  Has  not  been convicted in any jurisdiction of
34        any felony or at least 10 years  have  expired  from  the
 
SB452 Enrolled             -12-               LRB9100558ACtmA
 1        time of discharge from any sentence imposed for a felony.
 2             (4)  Is   of   good  moral  character.   Good  moral
 3        character  is  a  continuing  requirement  of  licensure.
 4        Convictions of crimes not  listed  in  paragraph  (3)  of
 5        subsection (d) of this Section may be used in determining
 6        moral character, but do not operate as an absolute bar to
 7        licensure.
 8             (5)  Has not been declared by any court of competent
 9        jurisdiction  to  be  incompetent  by reason of mental or
10        physical defect or  disease  unless  a  court  has  since
11        declared him or her to be competent.
12             (6)  Is  not  suffering from habitual drunkenness or
13        from narcotic addiction or dependence.
14             (7)  Has not been dishonorably discharged  from  the
15        armed services of the United States.
16             (8)  Has  passed  an  examination  authorized by the
17        Department in the theory and practice of the profession.
18             (9)  Has  submitted  to  the  Department  proof   of
19        insurance   sufficient   for  the  individual's  business
20        circumstances.   The  Department,  with  input  from  the
21        Board,  shall   promulgate   rules   specifying   minimum
22        insurance  requirements.  This insurance requirement is a
23        continuing  requirement  for   licensure.    Failure   to
24        maintain  insurance  shall  result in the cancellation of
25        the license by the Department.  A locksmith employed by a
26        licensed  locksmith  agency  or  employed  by  a  private
27        concern may provide proof that his or her  actions  as  a
28        locksmith  are  covered  by  the  insurance of his or her
29        employer.
30        (e)  Private  detective  agency.   Upon  payment  of  the
31    required fee and proof that the  applicant  has  a  full-time
32    Illinois  licensed  private  detective  in charge, which is a
33    continuing  requirement   for   agency   certification,   the
34    Department shall issue, without examination, a certificate as
 
SB452 Enrolled             -13-               LRB9100558ACtmA
 1    a private detective agency to any of the following:
 2             (1)  An  individual  who  submits  an application in
 3        writing and who is a  licensed  private  detective  under
 4        this Act.
 5             (2)  A   firm   or   association   that  submits  an
 6        application in writing and all of the members of the firm
 7        or association are licensed private detectives under this
 8        Act.
 9             (3)  A duly incorporated or  registered  corporation
10        allowed  to do business in Illinois that is authorized by
11        its articles of incorporation to engage in  the  business
12        of  conducting  a detective agency, provided at least one
13        officer or executive employee is licensed  as  a  private
14        detective  under this Act and all unlicensed officers and
15        directors  of  the  corporation  are  determined  by  the
16        Department to be persons of good moral character.
17          No private detective may be the  private  detective  in
18    charge for more than one agency except for an individual who,
19    on  the effective date of this Act, is currently and actively
20    a licensee for more than one agency.  Upon written request by
21    a representative of an agency within 10 days after  the  loss
22    of  a licensee in charge of an agency because of the death of
23    that individual or because of an unanticipated termination of
24    the employment of that individual, the Department shall issue
25    a temporary permit allowing the  continuing  operation  of  a
26    previously  licensed  agency.   No  temporary permit shall be
27    valid for more than 90 days.  An extension of  an  additional
28    90 days may be granted by the Department for good cause shown
29    upon written request by the representative of the agency.  No
30    more  than  2  extensions  may  be granted to any agency.  No
31    temporary  permit  shall  be  issued  for  the  loss  of  the
32    detective in charge because of  disciplinary  action  by  the
33    Department.
34        (f)  Private  alarm  contractor  agency.  Upon receipt of
 
SB452 Enrolled             -14-               LRB9100558ACtmA
 1    the required fee and proof that the applicant has a full-time
 2    Illinois licensed private alarm contractor in  charge,  which
 3    is  a  continuing  requirement  for agency certification, the
 4    Department shall issue, without examination, a certificate as
 5    a private alarm contractor agency to any of the following:
 6             (1)  An individual who  submits  an  application  in
 7        writing  and  who  is a licensed private alarm contractor
 8        under this Act.
 9             (2)  A  firm  or   association   that   submits   an
10        application  in  writing  that  all of the members of the
11        firm  or   association   are   licensed   private   alarm
12        contractors under this Act.
13             (3)  A  duly  incorporated or registered corporation
14        allowed to do business in Illinois that is authorized  by
15        its  articles  of incorporation to engage in the business
16        of conducting a private alarm contractor agency, provided
17        at least one officer or executive employee is licensed as
18        a  private  alarm  contractor  under  this  Act  and  all
19        unlicensed officers and directors of the corporation  are
20        determined  by the Department to be persons of good moral
21        character.
22          No private alarm contractor may be  the  private  alarm
23    contractor  in charge for more than one agency except for any
24    individual who,  on  the  effective  date  of  this  Act,  is
25    currently  and  actively a licensee for more than one agency.
26    Upon written request by a representative of an agency  within
27    10 days after the loss of a licensed private alarm contractor
28    in  charge  of  an  agency  because  of  the  death  of  that
29    individual or because of the unanticipated termination of the
30    employment  of  that individual, the Department shall issue a
31    temporary permit  allowing  the  continuing  operation  of  a
32    previously  licensed  agency.   No  temporary permit shall be
33    valid for more than 90 days.  An extension of  an  additional
34    90 days may be granted by the Department for good cause shown
 
SB452 Enrolled             -15-               LRB9100558ACtmA
 1    and upon written request by the representative of the agency.
 2    No  more  than 2 extensions may be granted to any agency.  No
 3    temporary permit shall be issued for the loss of the licensee
 4    in charge because of disciplinary action by the Department.
 5        (g)  Private security contractor agency.  Upon receipt of
 6    the required fee and proof that the applicant has a full-time
 7    Illinois licensed  private  security  contractor  in  charge,
 8    which is continuing requirement for agency certification, the
 9    Department shall issue, without examination, a certificate as
10    a private security contractor agency to any of the following:
11             (1)  An  individual  who  submits  an application in
12        writing and who is a licensed private security contractor
13        under this Act.
14             (2)  A  firm  or   association   that   submits   an
15        application  in  writing  that  all  of  the  members are
16        licensed private security contractors under this Act.
17             (3)  A duly incorporated or  registered  corporation
18        allowed  to do business in Illinois that is authorized by
19        its articles of incorporation to engage in  the  business
20        of  conducting  a  private  security  contractor  agency,
21        provided  at  least  one officer or executive employee is
22        licensed as a private security contractor under this  Act
23        and   all   unlicensed  officers  and  directors  of  the
24        corporation  are  determined  by  the  Department  to  be
25        persons of good moral character.
26          No private  security  contractor  may  be  the  private
27    security contractor in charge for more than one agency except
28    for any individual who, on the effective date of this Act, is
29    currently  and  actively a licensee for more than one agency.
30    Upon written request by a representative of the agency within
31    10 days after the loss of a licensee in charge of  an  agency
32    because  of  the  death  of that individual or because of the
33    unanticipated  termination  of   the   employment   of   that
34    individual,  the  Department  shall  issue a temporary permit
 
SB452 Enrolled             -16-               LRB9100558ACtmA
 1    allowing the continuing operation of  a  previously  licensed
 2    agency.   No temporary permit shall be valid for more than 90
 3    days.  An extension of an additional 90 days may  be  granted
 4    upon written request by the representative of the agency.  No
 5    more  than  2  extensions  may  be granted to any agency.  No
 6    temporary permit shall be issued for the loss of the licensee
 7    in charge because of disciplinary action by the Department.
 8        (h)  Licensed locksmith  agency.   Upon  receipt  of  the
 9    required  fee  and  proof  that  the applicant is an Illinois
10    licensed locksmith who shall assume full  responsibility  for
11    the  operation  of the agency and the directed actions of the
12    agency's employees, which is  a  continuing  requirement  for
13    agency   licensure,   the  Department  shall  issue,  without
14    examination, a certificate as a Locksmith Agency  to  any  of
15    the following:
16             (1)  An  individual  who  submits  an application in
17        writing and who is a licensed locksmith under this Act.
18             (2)  A  firm  or   association   that   submits   an
19        application  in  writing  and  certifies  that all of the
20        members  of  the  firm  or   association   are   licensed
21        locksmiths under this Act.
22             (3)  A  duly  incorporated or registered corporation
23        or limited liability company allowed to  do  business  in
24        Illinois   that   is   authorized   by  its  articles  of
25        incorporation or organization to engage in  the  business
26        of  conducting a locksmith agency, provided that at least
27        one officer or executive employee of a corporation or one
28        member of a limited liability company is  licensed  as  a
29        locksmith under this Act, and provided that person agrees
30        in  writing  on  a  form  acceptable to the Department to
31        assume full  responsibility  for  the  operation  of  the
32        agency   and   the   directed  actions  of  the  agency's
33        employees,  and  further  provided  that  all  unlicensed
34        officers and directors of the corporation or  members  of
 
SB452 Enrolled             -17-               LRB9100558ACtmA
 1        the  limited  liability  company  are  determined  by the
 2        Department to be persons of good moral character.
 3          An individual  licensed  locksmith  operating  under  a
 4    business  name  other  than the licensed locksmith's own name
 5    shall not be required to obtain a locksmith agency license if
 6    that licensed locksmith does not employ any persons to engage
 7    in the practice of locksmithing.
 8        An applicant for licensure as a  locksmith  agency  shall
 9    submit  to  the  Department proof of insurance sufficient for
10    the agency's business circumstances.   The  Department  shall
11    promulgate  rules  specifying minimum insurance requirements.
12    This insurance requirement is a  continuing  requirement  for
13    licensure.
14        No  licensed  locksmith  may  be  the  licensed locksmith
15    responsible for the operation of more than one agency  except
16    for  any individual who submits proof to the Department that,
17    on the effective date of this amendatory Act of 1995,  he  or
18    she  is  actively responsible for the operations of more than
19    one agency.  A  licensed  private  alarm  contractor  who  is
20    responsible  for  the  operation  of a licensed private alarm
21    contractor agency and who is a licensed locksmith may also be
22    the licensed locksmith responsible for  the  operation  of  a
23    locksmith agency.
24        Upon  written  request  by  a representative of an agency
25    within 10 days after  the  loss  of  a  responsible  licensed
26    locksmith  of  an  agency,  because  of  the  death  of  that
27    individual or because of the unanticipated termination of the
28    employment  of  that individual, the Department shall issue a
29    temporary permit  allowing  the  continuing  operation  of  a
30    previously  licensed  locksmith  agency.  No temporary permit
31    shall be valid for more than 90 days.  An  extension  for  an
32    additional  90 days may be granted by the Department for good
33    cause shown and upon written request by a  representative  of
34    the  agency.  No more than 2 extensions may be granted to any
 
SB452 Enrolled             -18-               LRB9100558ACtmA
 1    agency.  No temporary permit shall be issued  to  any  agency
 2    due  to  the  loss  of  the  responsible locksmith because of
 3    disciplinary action by the Department.
 4        (i)  Proprietary  Security  Force.   All  commercial   or
 5    industrial  operations that employ 5 or more persons as armed
 6    security guards and all financial  institutions  that  employ
 7    armed  security  guards  shall register their security forces
 8    with the Department on forms provided by the Department.
 9        All armed security  guard  employees  of  the  registered
10    proprietary  security  force  shall be required to complete a
11    20-hour basic training course and  20-hour  firearm  training
12    course in accordance with administrative rules.
13        Each  proprietary  security  force  shall  be required to
14    apply to the Department, on forms supplied by the Department,
15    for  the  issuance  of  a  firearm  authorization  card,   in
16    accordance with administrative rules, for each armed employee
17    of the security force.
18        The    Department   shall   prescribe   rules   for   the
19    administration of this Section.
20        (j)  Any licensed agency that operates a branch office as
21    defined in this Act shall apply for a branch office license.
22    (Source: P.A. 90-436,  eff.  1-1-98;  90-580,  eff.  5-21-98;
23    90-602, eff. 6-26-98; 91-357, eff. 7-29-99.)

24        (225 ILCS 446/77)
25        Sec.  77.  Necessity for licensure of locksmith agencies;
26    grandfather provision.
27        (a)  On  or  after  January  1,  1997,  no  person  shall
28    practice as a locksmith and no business entity shall  operate
29    as   a  locksmith  agency  without  first  applying  for  and
30    obtaining a license for that purpose from the Department.
31        (b)  Applications must be  accompanied  by  the  required
32    fee.
33        (c)  In lieu of the examination given to other applicants
 
SB452 Enrolled             -19-               LRB9100558ACtmA
 1    for  licensure,  the  Director  may  issue  a  license  to an
 2    individual who presents proof to the Director that he or  she
 3    was  actively  engaged  as  a  locksmith  or as a supervisor,
 4    manager, or administrator of a locksmith business for 3 years
 5    out of the 5 years immediately preceding January 1, 1996  and
 6    meets all other requirements of this Act.
 7        (d)  The  application  for  a license without examination
 8    shall be made to  the  Director  within  2  years  after  the
 9    effective date of this amendatory Act of 1995.
10        (e)  A  person  who  applies  for  licensure  under  this
11    Section  between  September  1,  2000  September  1, 1998 and
12    December 31, 2000 September 30, 1998  shall  be  exempt  from
13    subsection  (d) of this Section and shall be issued a license
14    upon proof of meeting all other  requirements  for  licensure
15    under this Section.
16    (Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.)

17        (225 ILCS 446/80)
18        Sec.  80.  Employee  requirements.   All  employees  of a
19    licensed agency, other than those exempted, shall apply for a
20    Permanent Employee  Registration  Card.   The  holder  of  an
21    agency  certificate  issued under this Act, known in this Act
22    as "employer", may employ  in  the  conduct  of  his  or  her
23    business employees under the following provisions:
24        (a)  No  person  shall  be  issued  a  permanent employee
25    registration card who:
26             (1)  Is under 18 years of age.
27             (2)  Is under 21 years of age if the  services  will
28        include being armed.
29             (3)  Has  been  determined  by  the Department to be
30        unfit by reason of conviction of an offense  in  this  or
31        another  state,  other than a minor traffic offense.  The
32        Department shall promulgate rules for procedures by which
33        those circumstances shall be determined and  that  afford
 
SB452 Enrolled             -20-               LRB9100558ACtmA
 1        the applicant due process of law.
 2             (4)  Has   had   a  license  or  permanent  employee
 3        registration card refused, denied, suspended, or  revoked
 4        under this Act.
 5             (5)  Has  been  declared incompetent by any court of
 6        competent jurisdiction by reason  of  mental  disease  or
 7        defect and has not been restored.
 8             (6)  Has been dishonorably discharged from the armed
 9        services of the United States.
10          (b)  No  person  may be employed by a private detective
11    agency, private security contractor agency, or private  alarm
12    contractor  agency,  or  locksmith  agency under this Section
13    until he or she has executed and furnished to  the  employer,
14    on forms furnished by the Department, a verified statement to
15    be known as "Employee's Statement" setting forth:
16             (1)  The  person's  full  name,  age,  and residence
17        address.
18             (2)  The business or occupation engaged in for the 5
19        years immediately before the date of the execution of the
20        statement, the place where the business or occupation was
21        engaged in, and the names of employers, if any.
22             (3)  That the  person  has  not  had  a  license  or
23        employee  registration  refused,  revoked,  or  suspended
24        under this Act.
25             (4)  Any conviction of a felony or misdemeanor.
26             (5)  Any  declaration  of incompetency by a court of
27        competent jurisdiction that has not been restored.
28             (6)  Any  dishonorable  discharge  from  the   armed
29        services of the United States.
30             (7)  Any other information as may be required by any
31        rule  of  the  Department  to  show  the  good character,
32        competency, and integrity of  the  person  executing  the
33        statement.
34          (c)  Each    applicant   for   a   permanent   employee
 
SB452 Enrolled             -21-               LRB9100558ACtmA
 1    registration card shall submit to  the  Department  with  the
 2    applicable  fees,  on  fingerprint  cards  furnished  by  the
 3    Department, 2 complete sets of fingerprints that are verified
 4    to  be those of the applicant.  If an applicant's fingerprint
 5    cards are returned to the Department as unclassifiable by the
 6    screening  agency,  the   applicant   has   90   days   after
 7    notification  is  sent by the Department to submit additional
 8    fingerprint cards taken by a different technician to  replace
 9    the unclassifiable fingerprint cards.
10        The  Department  shall  notify  the  submitting  licensed
11    agency  within  10  days if the applicant's fingerprint cards
12    are returned to the Department as  unclassifiable.   However,
13    instead  of  submitting  fingerprint cards, an individual may
14    submit proof that is satisfactory to the Department  that  an
15    equivalent  security  clearance  has been conducted.  Also, a
16    full-time peace officer or an individual who has retired as a
17    peace officer within 12  months  of  application  may  submit
18    verification,  on forms provided by the Department and signed
19    by one's employer, of his or her full-time  employment  as  a
20    peace  officer.   "Peace  officer"  means  any  person who by
21    virtue of his or her office or public employment is vested by
22    law with a duty to maintain public order or to  make  arrests
23    for offenses, whether that duty extends to all offenses or is
24    limited  to specific offenses; officers, agents, or employees
25    of the federal government commissioned by federal statute  to
26    make  arrests  for  violations  of  federal criminal laws are
27    considered peace officers.
28        (d)  Upon receipt of the verified fingerprint cards,  the
29    Department  shall  cause the fingerprints to be compared with
30    fingerprints of criminals now or  hereafter  filed  with  the
31    Illinois Department of State Police.  The Department may also
32    cause the fingerprints to be checked against the fingerprints
33    of  criminals  now or hereafter filed in the records of other
34    official fingerprint files within or without this State.  The
 
SB452 Enrolled             -22-               LRB9100558ACtmA
 1    Department shall  issue  a  permanent  employee  registration
 2    card,  in  a form the Department prescribes, to all qualified
 3    applicants.   The  Department  shall  notify  the  submitting
 4    licensed agency within 10 days upon the issuance of or intent
 5    to deny the permanent employee registration card.  The holder
 6    of a permanent employee registration  card  shall  carry  the
 7    card  at  all times while actually engaged in the performance
 8    of the duties of his  or  her  employment.    Expiration  and
 9    requirements  for  renewal of permanent employee registration
10    cards  shall  be  established  by  rule  of  the  Department.
11    Possession of a permanent employee registration card does not
12    in any way imply that the holder of the card is  employed  by
13    an  agency unless the permanent employee registration card is
14    accompanied by the employee identification card  required  by
15    subsection (g) of this Section.
16        (e)  Within  5  days  of  the  receipt of the application
17    materials, the Department shall  institute  an  investigation
18    for  a  criminal record by checking the applicant's name with
19    immediately available criminal history information systems.
20        (f)  Each  employer  shall  maintain  a  record  of  each
21    employee  that  is  accessible   to   the   duly   authorized
22    representatives  of the Department.  The record shall contain
23    the following information:
24             (1)  A photograph taken within 10 days of  the  date
25        that  the  employee  begins employment with the employer.
26        The  photograph  shall  be  replaced   with   a   current
27        photograph every 3 calendar years.
28             (2)  The    employee's    statement   specified   in
29        subsection (b) of this Section.
30             (3)  All correspondence or documents relating to the
31        character and integrity of the employee received  by  the
32        employer  from  any  official  source  or law enforcement
33        agency.
34             (4)  In the case of former employees,  the  employee
 
SB452 Enrolled             -23-               LRB9100558ACtmA
 1        identification   card   of   that   person  issued  under
 2        subsection (g) of this Section.
 3        (5)  Each employee record shall duly note if the employee
 4    is employed in an armed capacity.  Armed employee files shall
 5    contain a copy of an  active  Firearm  Owners  Identification
 6    Card and a copy of an active Firearm Authorization Card.
 7        (6)  Each employer shall maintain a record for each armed
 8    employee of each instance in which the employee's weapon  was
 9    discharged  during  the  course  of  his  or her professional
10    duties or activities.  The  record  shall  be  maintained  on
11    forms  provided  by  the  Department, a copy of which must be
12    filed with the Department within 15 days of an instance.  The
13    record shall include the date and time of the occurrence, the
14    circumstances involved  in  the  occurrence,  and  any  other
15    information  as  the  Department  may  require.   Failure  to
16    provide  this  information  to  the  Department or failure to
17    maintain the record  as  a  part  of  each  armed  employee's
18    permanent  file  is  grounds  for  disciplinary  action.  The
19    Department,  upon  receipt  of  a  report,  shall  have   the
20    authority  to make any investigation it considers appropriate
21    into  any  occurrence  in  which  an  employee's  weapon  was
22    discharged  and  to  take  disciplinary  action  as  may   be
23    appropriate.
24        (7) The Department may, by rule, prescribe further record
25    requirements.
26        (g)  Every    employer    shall   furnish   an   employee
27    identification card to each of his or  her  employees.   This
28    employee   identification   card   shall   contain  a  recent
29    photograph of the employee, the employee's name, the name and
30    agency certification number of the employer,  the  employee's
31    personal  description,  the  signature  of  the employer, the
32    signature of that employee, the  date  of  issuance,  and  an
33    employee identification card number.
34        (h)  No  employer  may  issue  an employee identification
 
SB452 Enrolled             -24-               LRB9100558ACtmA
 1    card to any person who is not employed  by  the  employer  in
 2    accordance  with  this  Section or falsely state or represent
 3    that a person is or has been in his or  her  employ.   It  is
 4    unlawful  for  an applicant for registered employment to file
 5    with the Department the fingerprints of a person  other  than
 6    himself  or  herself, or to fail to exercise due diligence in
 7    resubmitting replacement fingerprints for those employees who
 8    have  had  original  fingerprint  submissions   returned   as
 9    unclassifiable.
10        (i)  Every  employer shall obtain the identification card
11    of every employee who terminates employment with him or her.
12        (j)  Every employer shall maintain a separate  roster  of
13    the  names  of  all  employees  currently working in an armed
14    capacity and submit the roster to the Department on request.
15        (k)  No agency may  employ  any  person  under  this  Act
16    unless:
17             (1)  The person possesses a valid permanent employee
18        registration card or the person has a valid license under
19        this Act; or
20             (2)  The agency:
21                  (i)  on  behalf of each person completes in its
22             entirety  and   submits   to   the   Department   an
23             application  for  a  permanent employee registration
24             card, including the required  fingerprint  card  and
25             fees;
26                  (ii)  exercises  due  diligence  to ensure that
27             the person is qualified under  the  requirements  of
28             the   Act   to   be   issued  a  permanent  employee
29             registration card; and
30                  (iii)  maintains a separate roster of the names
31             of all employees whose  applications  are  currently
32             pending  with  the Department and submits the roster
33             to the Department on a monthly basis.   Rosters  are
34             to  be  maintained  by the agency for a period of at
 
SB452 Enrolled             -25-               LRB9100558ACtmA
 1             least 24 months.
 2        (l)  Failure by an  agency  to  submit  the  application,
 3    fees,  and  fingerprints  specified  in  this  Section before
 4    scheduling the person for work shall result in a fine, in  an
 5    amount  up  to  $1,000,  or  other  disciplinary action being
 6    imposed against the agency.  Failure to maintain  and  submit
 7    the  specified  rosters  is grounds for discipline under this
 8    Act.
 9        (m)  No person may be employed under this Section in  any
10    capacity if:
11             (i)  The  person  while so employed is being paid by
12        the United States or any political  subdivision  for  the
13        time  so  employed  in addition to any payments he or she
14        may receive from the employer.
15             (ii)  The person wears any portion  of  his  or  her
16        official uniform, emblem of authority, or equipment while
17        so employed except as provided in Section 30.
18          (n)  If   information   is   discovered  affecting  the
19    registration of a person whose  fingerprints  were  submitted
20    under this Section, the Department shall so notify the agency
21    that submitted the fingerprints on behalf of that person.
22    (Source: P.A. 91-357, eff. 7-29-99.)

23        (225 ILCS 446/150)
24        Sec.   150.  Cease   and  desist  orders.   Whenever  the
25    Department  has  reason  to  believe  that  a  person,  firm,
26    association, or corporation has  violated  any  provision  of
27    Section  15  of  this Act, the Department may issue a rule to
28    show cause why an order to cease and  desist  should  not  be
29    entered   against   that   person,   firm,   association,  or
30    corporation. The rule shall clearly  set  forth  the  grounds
31    relied upon by the Department and shall provide a period of 7
32    days  from  the  date  of  the  rule to file an answer to the
33    satisfaction of the Department.  Failure  to  answer  to  the
 
SB452 Enrolled             -26-               LRB9100558ACtmA
 1    satisfaction  of the Department shall cause an order to cease
 2    and desist to  be  issued  immediately.  The  Department  may
 3    conduct hearings and issue cease and desist orders to persons
 4    who  engage  in activities prohibited by this Act. Any person
 5    in violation of a cease  and  desist  order  entered  by  the
 6    Department  is subject to all of the remedies provided by law
 7    and, in addition, is subject to a civil  penalty  payable  to
 8    the party injured by the violation.
 9    (Source: P.A. 88-363.)

10        (225 ILCS 446/155)
11        Sec. 155. Penalties.
12        (a)  In  addition  to  any other penalty provided by law,
13    any person, firm, association, or  corporation  who  violates
14    Section  15  of  this  Act or any other provision of this Act
15    shall forfeit and pay a civil penalty to the Department in an
16    amount not to exceed $5,000 for each offense as determined by
17    the Department.  The civil penalty shall be assessed  by  the
18    Department  in  accordance  with  the provisions set forth in
19    Sections 130, 135, 140, 160 and 170.
20        (b)  The  Department  has  the  authority  and  power  to
21    investigate any and all unlicensed activity.
22        (c)  The civil penalty shall be paid within 60 days after
23    the effective date of the order imposing the  civil  penalty.
24    The  order  shall  constitute a judgment and may be filed and
25    execution had thereon in the same manner as any judgment from
26    any court of record.
27    (Source: P.A. 88-363.)

28        Section 99. Effective date. This Act  takes  effect  upon
29    becoming law.

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