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91_SB0452ham006
LRB9100558ACtmam06
1 AMENDMENT TO SENATE BILL 452
2 AMENDMENT NO. . Amend Senate Bill 452, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Private Detective, Private Alarm,
6 Private Security, and Locksmith Act of 1993 is amended by
7 changing Sections 5, 75, 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
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1 Alarm, Private Security, and Locksmith Board.
2 "Department" means the Illinois Department of
3 Professional Regulation.
4 "Director" means the Director of the Department of
5 Professional Regulation.
6 "Person" means a natural person.
7 "Private alarm contractor" means any person who engages
8 in a business that sells, installs, monitors, maintains,
9 alters, repairs, replaces, services, or responds to alarm
10 systems, including fire alarm systems, at protected premises
11 or at premises to be protected on an emergency basis and not
12 as a full-time security guard; but does not include a person,
13 firm, or corporation that manufactures or sells alarm systems
14 only from its place of business and does not sell, install,
15 monitor, maintain, alter, repair, replace, service, or
16 respond to alarm systems at protected premises or premises to
17 be protected or a licensed electrical contractor who repairs
18 or services fire alarm systems on an "emergency call-in
19 basis", or who sells, installs, maintains, alters, and
20 repairs, or services fire alarm systems.
21 "Private alarm contractor agency" means any person, firm,
22 association, or corporation that engages in the private alarm
23 contractor business and employs one or more persons in
24 conducting the business.
25 "Private detective" means any person who by any means,
26 including but not limited to manual or electronic methods,
27 engages in the business of, accepts employment to furnish, or
28 agrees to make or makes investigations for fees or other
29 valuable consideration to obtain information with reference
30 to:
31 (1) Crime or wrongs done or threatened against the
32 United States or any state or territory of the United
33 States.
34 (2) The identity, habits, conduct, business
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1 occupation, honesty, integrity, credibility, knowledge,
2 trustworthiness, efficiency, loyalty, activity,
3 movements, whereabouts, affiliations, associations,
4 transactions, acts, reputation, or character of any
5 person, firm, association, or corporation, by any means,
6 manually or electronically.
7 (3) The location, disposition, or recovery of lost
8 or stolen property.
9 (4) The cause, origin, or responsibility for fires,
10 accidents, or injuries to real or personal property.
11 (5) The truth or falsity of any statement or
12 representation.
13 (6) Securing evidence to be used before any court,
14 board, officer, or investigating committee.
15 (7) Personal protection of individuals from bodily
16 harm or death (bodyguard functions).
17 (8) Service of process in criminal and civil
18 proceedings without court order.
19 "Private detective agency" means any person, firm,
20 association, or corporation that engages in the private
21 detective business and employs one or more persons in
22 conducting the business.
23 "Private security contractor" means any person who
24 engages in the business of providing a private guard,
25 watchman, patrol service, or any like service by any other
26 title or name on a contractual basis for another person,
27 firm, association, or corporation for a fee or other valuable
28 consideration and performing one or more of the following
29 functions:
30 (1) The prevention or detection of intrusion,
31 entry, theft, vandalism, abuse, fire, or trespass on
32 private or governmental property.
33 (2) The prevention, observation, or detection of
34 any unauthorized activity on private or governmental
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1 property.
2 (3) The protection of patrons and persons lawfully
3 authorized to be on the premises of the person, firm,
4 association, or corporation for whom he or she
5 contractually is obligated to provide security services.
6 (4) The prevention of the misappropriation or
7 concealment of goods, money, bonds, stocks, notes,
8 valuable documents, or papers.
9 (5) The control, regulation, or direction of the
10 flow or movement of the public, whether by vehicle or
11 otherwise, only to the extent and for the time directly
12 and specifically required to assure the protection of
13 property on property owned or controlled by the client.
14 (6) The protection of individuals from bodily harm
15 or death (bodyguard functions).
16 "Private security contractor agency" means any person,
17 firm, association, or corporation that engages in the private
18 security contractor business and that employs one or more
19 persons in conducting the business.
20 "Locksmith" means a person who has received a license
21 under this Act and who engages in the practice of
22 locksmithing as defined in this Act.
23 "Locksmith agency" means any person, firm, association,
24 or corporation that engages in the locksmith business and
25 that employs one or more persons in conducting the business.
26 "The practice of locksmithing" includes, but is not
27 limited to, the servicing, installing, originating first
28 keys, re-coding, manipulation, or bypassing of mechanical or
29 electronic locking devices at premises, vehicles, safes,
30 vaults, safe deposit boxes, or automatic teller machines.
31 "Public member" means a person who is not a licensee or a
32 relative of a licensee, or who is not an employer or an
33 employee of a licensee. The term "relative" shall be
34 determined by rules of the Department.
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1 "In charge" means the individual licensee whose name and
2 license number appear on a certificate of registration for a
3 detective, private security contractor, private alarm
4 contractor, or locksmith agency is a full-time executive
5 employee or owner who assumes full responsibility for all
6 employees of the agency and for their directed actions, and
7 assumes full responsibility for maintaining all records
8 required by this Act or rule of the Department and is
9 responsible for otherwise assuring compliance with this Act.
10 Records shall be maintained at a location in Illinois and the
11 address of the location filed with the Department and
12 accessible to Department representatives in accordance with
13 Section 115 of this Act. This does not relieve any person,
14 firm, association, or corporation licensed as an agency under
15 this Act from also assuming full responsibility for
16 compliance with this Act. It is the responsibility of the
17 licensee in charge to notify the Department, in writing
18 within 10 days, when the licensee terminates his or her in
19 charge relationship with an agency.
20 "Permanent employee registration card" means a card
21 issued by the Department to an individual who has applied to
22 the Department and has been found to be employable by an
23 agency certified under this Act.
24 "Firearm authorization card" means a card issued by the
25 Department that authorizes the holder to carry a weapon
26 during the performance of his or her duties as specified
27 under Section 180 of this Act.
28 "Burglar alarm system" means any system, including an
29 electronic access system or other electronic security system,
30 that activates an audible, visible, or remote signal that
31 requires a response and is designed for the prevention or
32 detection of intrusion, entry, theft, vandalism, or trespass.
33 "Fire alarm system" means any system that is activated by
34 any automatic or manual device in the detection of smoke,
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1 heat, or fire that activates an audible, visible, or remote
2 signal that requires response.
3 "Branch office" means any business location removed from
4 the place of business for which an agency license has been
5 issued.
6 "Armed proprietary security force" means any security
7 force made up of 5 or more armed individuals employed in a
8 commercial or industrial operation; one or more armed
9 individuals employed in a financial operation as security
10 guards for the protection of persons; or one or more armed
11 individuals employed for the protection of private property
12 related to a commercial, industrial, or financial operation.
13 "Association" means 2 or more persons joined together for
14 a business purpose.
15 "Firm" means any unincorporated business entity or
16 enterprise, including but not limited to proprietorships and
17 partnerships.
18 "Corporation" means any artificial person or legal entity
19 created by or under the authority of the laws of a state.
20 (Source: P.A. 88-363; 89-366, eff. 1-1-96.)
21 (225 ILCS 446/75)
22 Sec. 75. Qualifications for licensure and agency
23 certification.
24 (a) Private Detective. A person is qualified to receive
25 a license as a private detective if he or she meets all of
26 the following requirements:
27 (1) Is at least 21 years of age.
28 (2) Has not been convicted in any jurisdiction of
29 any felony or at least 10 years have expired from the
30 time of discharge from any sentence imposed for a felony.
31 (3) Is of good moral character. Good character is
32 a continuing requirement of licensure. Conviction of
33 crimes not listed in paragraph (2) of subsection (a) of
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1 this Section may be used in determining moral character,
2 but does not operate as an absolute bar to licensure.
3 (4) Has not been declared by any court of competent
4 jurisdiction to be incompetent by reason of mental or
5 physical defect or disease unless a court has since
6 declared him or her to be competent.
7 (5) Is not suffering from habitual drunkenness or
8 from narcotic addiction or dependence.
9 (6) Has a minimum of 3 years experience out of the
10 5 years immediately preceding his or her application
11 working full-time for a licensed private detective agency
12 as a registered private detective employee or with 3
13 years experience out of the 5 years immediately preceding
14 his or her application employed as a full-time
15 investigator for a licensed attorney or in a law
16 enforcement agency of a federal or State political
17 subdivision, which shall include a States Attorney's
18 office or a Public Defender's office, such full-time
19 investigator experience to be approved by the Board and
20 the Department.; or An applicant who has obtained a
21 baccalaureate degree in police science or a related field
22 or a business degree from an accredited college or
23 university shall be given credit for 2 of the 3 years
24 experience required under this Section. An applicant who
25 has obtained an associate degree in police science or a
26 related field or in business from an accredited college
27 or university shall be given credit for one of the 3
28 years experience required under this Section.
29 (7) Has not been dishonorably discharged from the
30 armed services of the United States.
31 (8) Has successfully passed an examination
32 authorized by the Department. The examination shall
33 include subjects reasonably related to the activities
34 licensed so as to provide for the protection of the
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1 health and safety of the public.
2 (9) Has not violated Section 15, 20, or 25 of this
3 Act, but this requirement does not operate as an absolute
4 bar to licensure.
5 It is the responsibility of the applicant to obtain
6 liability insurance in an amount and coverage type
7 appropriate as determined by rule for the applicant's
8 individual business circumstances. The applicant shall
9 provide evidence of insurance to the Department before being
10 issued a license. This insurance requirement is a continuing
11 requirement for licensure. Failure to maintain insurance
12 shall result in cancellation of the license by the
13 Department.
14 (b) Private security contractor. A person is qualified
15 to receive a license as a private security contractor if he
16 or she meets all of the following requirements:
17 (1) Is at least 21 years of age.
18 (2) Has not been convicted in any jurisdiction of
19 any felony or at least 10 years have expired from the
20 time of discharge from any sentence imposed for a felony.
21 (3) Is of good moral character. Good moral
22 character is a continuing requirement of licensure.
23 Convictions of crimes not listed in paragraph (2) of
24 subsection (b) of this Section may be used in determining
25 moral character, but do not operate as an absolute bar to
26 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
34 5 years immediately preceding his or her application as a
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1 full-time manager or administrator for a licensed private
2 security contractor agency or a manager or administrator
3 of a proprietary security force of 30 or more persons
4 registered with the Department, or with 3 years
5 experience out of the 5 years immediately preceding his
6 or her application as a full-time supervisor in a law
7 enforcement agency of a federal or State political
8 subdivision, which shall include a States Attorney's
9 office or Public Defender's office, such full-time
10 supervisory 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 amount and coverage type appropriate
32 as determined by rule for the applicant's individual business
33 circumstances. The applicant shall provide evidence of
34 insurance to the Department before being issued a license.
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1 This insurance requirement is a continuing requirement for
2 licensure. Failure to maintain insurance shall result in
3 cancellation of the license by the Department.
4 (c) Private alarm contractor. A person is qualified to
5 receive a license as a private alarm contractor if he or she
6 meets all of the following requirements:
7 (1) Is at least 21 years of age.
8 (2) Has not been convicted in any jurisdiction of
9 any felony or at least 10 years have expired from the
10 time of discharge from any sentence imposed for a felony.
11 (3) Is of good moral character. Good moral
12 character is a continuing requirement of licensure.
13 Convictions of crimes not listed in paragraph (2) of
14 subsection (c) of this Section may be used in determining
15 moral character, but do not operate as an absolute bar to
16 licensure.
17 (4) Has not been declared by any court of competent
18 jurisdiction to be incompetent by reason of mental or
19 physical defect or disease unless a court has since
20 declared him or her to be competent.
21 (5) Is not suffering from habitual drunkenness or
22 from narcotic addiction or dependence.
23 (6) Has not been dishonorably discharged from the
24 armed services of the United States.
25 (7) Has a minimum of 3 years experience out of the
26 5 years immediately preceding application as a full time
27 manager or administrator for an agency licensed as a
28 private alarm contractor agency, or for an entity that
29 designs, sells, installs, services, or monitors alarm
30 systems which in the judgment of the Board satisfies
31 standards of alarm industry competence. An individual
32 who has received a 4 year degree in electrical
33 engineering or a related field from a program approved by
34 the Board shall be given credit for 2 years of experience
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1 under this item (7). An individual who has successfully
2 completed a national certification program approved by
3 the Board shall be given credit for one year of
4 experience under this item (7).
5 (8) Has successfully passed an examination
6 authorized by the Department. The examination shall
7 include subjects reasonably related to the activities
8 licensed so as to provide for the protection of the
9 health and safety of the public.
10 (9) Has not violated Section 15, 20, or 25 of this
11 Act, but this requirement does not operate as an absolute
12 bar to licensure.
13 It is the responsibility of the applicant to obtain
14 liability insurance in an amount and coverage type
15 appropriate as determined by rule for the applicant's
16 individual business circumstances. The applicant shall
17 provide evidence of insurance to the Department before being
18 issued a license. This insurance requirement is a continuing
19 requirement for licensure. Failure to maintain insurance
20 shall result in cancellation of the license by the
21 Department.
22 Alternatively, a person is qualified to receive a license
23 as a private alarm contractor without meeting the
24 requirements of items (7), (8), and (9) of this subsection,
25 if he or she:
26 (i) applies for a license between September 1, 1998
27 and September 15, 1998, in writing, on forms supplied by
28 the Department;
29 (ii) provides proof to the Department that he or
30 she was engaged in the alarm contracting business on or
31 before January 1, 1984;
32 (iii) submits the photographs, fingerprints, proof
33 of insurance, and current license fee required by the
34 Department; and
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1 (iv) has not violated Section 25 of this Act.
2 (d) Locksmith. A person is qualified to receive a
3 license as a locksmith if he or she meets all of the
4 following requirements:
5 (1) Is at least 18 years of age.
6 (2) Has not violated any provisions of Section 120
7 of this Act.
8 (3) Has not been convicted in any jurisdiction of
9 any felony or at least 10 years have expired from the
10 time of discharge from any sentence imposed for a felony.
11 (4) Is of good moral character. Good moral
12 character is a continuing requirement of licensure.
13 Convictions of crimes not listed in paragraph (3) of
14 subsection (d) of this Section may be used in determining
15 moral character, but do not operate as an absolute bar to
16 licensure.
17 (5) Has not been declared by any court of competent
18 jurisdiction to be incompetent by reason of mental or
19 physical defect or disease unless a court has since
20 declared him or her to be competent.
21 (6) Is not suffering from habitual drunkenness or
22 from narcotic addiction or dependence.
23 (7) Has not been dishonorably discharged from the
24 armed services of the United States.
25 (8) Has passed an examination authorized by the
26 Department in the theory and practice of the profession.
27 (9) Has submitted to the Department proof of
28 insurance sufficient for the individual's business
29 circumstances. The Department, with input from the
30 Board, shall promulgate rules specifying minimum
31 insurance requirements. This insurance requirement is a
32 continuing requirement for licensure. Failure to
33 maintain insurance shall result in the cancellation of
34 the license by the Department. A locksmith employed by a
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1 licensed locksmith agency or employed by a private
2 concern may provide proof that his or her actions as a
3 locksmith are covered by the insurance of his or her
4 employer.
5 (e) Private detective agency. Upon payment of the
6 required fee and proof that the applicant has a full-time
7 Illinois licensed private detective in charge, which is a
8 continuing requirement for agency certification, the
9 Department shall issue, without examination, a certificate as
10 a private detective agency to any of the following:
11 (1) An individual who submits an application in
12 writing and who is a licensed private detective under
13 this Act.
14 (2) A firm or association that submits an
15 application in writing and all of the members of the firm
16 or association are licensed private detectives under this
17 Act.
18 (3) A duly incorporated or registered corporation
19 allowed to do business in Illinois that is authorized by
20 its articles of incorporation to engage in the business
21 of conducting a detective agency, provided at least one
22 officer or executive employee is licensed as a private
23 detective under this Act and all unlicensed officers and
24 directors of the corporation are determined by the
25 Department to be persons of good moral character.
26 No private detective may be the private detective in
27 charge for more than one agency except for an individual who,
28 on the effective date of this Act, is currently and actively
29 a licensee for more than one agency. Upon written request by
30 a representative of an agency within 10 days after the loss
31 of a licensee in charge of an agency because of the death of
32 that individual or because of an unanticipated termination of
33 the employment of that individual, the Department shall issue
34 a temporary permit allowing the continuing operation of a
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1 previously licensed agency. No temporary permit shall be
2 valid for more than 90 days. An extension of an additional
3 90 days may be granted by the Department for good cause shown
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
7 detective in charge because of disciplinary action by the
8 Department.
9 (f) Private alarm contractor agency. Upon receipt of
10 the required fee and proof that the applicant has a full-time
11 Illinois licensed private alarm contractor in charge, which
12 is a continuing requirement for agency certification, the
13 Department shall issue, without examination, a certificate as
14 a private alarm contractor agency to any of the following:
15 (1) An individual who submits an application in
16 writing and who is a licensed private alarm contractor
17 under this Act.
18 (2) A firm or association that submits an
19 application in writing that all of the members of the
20 firm or association are licensed private alarm
21 contractors under this Act.
22 (3) A duly incorporated or registered corporation
23 allowed to do business in Illinois that is authorized by
24 its articles of incorporation to engage in the business
25 of conducting a private alarm contractor agency, provided
26 at least one officer or executive employee is licensed as
27 a private alarm contractor under this Act and all
28 unlicensed officers and directors of the corporation are
29 determined by the Department to be persons of good moral
30 character.
31 No private alarm contractor may be the private alarm
32 contractor in charge for more than one agency except for any
33 individual who, on the effective date of this Act, is
34 currently and actively a licensee for more than one agency.
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1 Upon written request by a representative of an agency within
2 10 days after the loss of a licensed private alarm contractor
3 in charge of an agency because of the death of that
4 individual or because of the unanticipated termination of the
5 employment of that individual, the Department shall issue a
6 temporary permit allowing the continuing operation of a
7 previously licensed agency. No temporary permit shall be
8 valid for more than 90 days. An extension of an additional
9 90 days may be granted by the Department for good cause shown
10 and upon written request by the representative of the agency.
11 No more than 2 extensions may be granted to any agency. No
12 temporary permit shall be issued for the loss of the licensee
13 in charge because of disciplinary action by the Department.
14 (g) Private security contractor agency. Upon receipt of
15 the required fee and proof that the applicant has a full-time
16 Illinois licensed private security contractor in charge,
17 which is continuing requirement for agency certification, the
18 Department shall issue, without examination, a certificate as
19 a private security contractor agency to any of the following:
20 (1) An individual who submits an application in
21 writing and who is a licensed private security contractor
22 under this Act.
23 (2) A firm or association that submits an
24 application in writing that all of the members are
25 licensed private security contractors under this Act.
26 (3) A duly incorporated or registered corporation
27 allowed to do business in Illinois that is authorized by
28 its articles of incorporation to engage in the business
29 of conducting a private security contractor agency,
30 provided at least one officer or executive employee is
31 licensed as a private security contractor under this Act
32 and all unlicensed officers and directors of the
33 corporation are determined by the Department to be
34 persons of good moral character.
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1 No private security contractor may be the private
2 security contractor in charge for more than one agency except
3 for any individual who, on the effective date of this Act, is
4 currently and actively a licensee for more than one agency.
5 Upon written request by a representative of the agency within
6 10 days after the loss of a licensee in charge of an agency
7 because of the death of that individual or because of the
8 unanticipated termination of the employment of that
9 individual, the Department shall issue a temporary permit
10 allowing the continuing operation of a previously licensed
11 agency. No temporary permit shall be valid for more than 90
12 days. An extension of an additional 90 days may be granted
13 upon written request by the representative of the agency. No
14 more than 2 extensions may be granted to any agency. No
15 temporary permit shall be issued for the loss of the licensee
16 in charge because of disciplinary action by the Department.
17 (h) Licensed locksmith agency. Upon receipt of the
18 required fee and proof that the applicant is an Illinois
19 licensed locksmith who shall assume full responsibility for
20 the operation of the agency and the directed actions of the
21 agency's employees, which is a continuing requirement for
22 agency licensure, the Department shall issue, without
23 examination, a certificate as a Locksmith Agency to any of
24 the following:
25 (1) An individual who submits an application in
26 writing and who is a licensed locksmith under this Act.
27 (2) A firm or association that submits an
28 application in writing and certifies that all of the
29 members of the firm or association are licensed
30 locksmiths under this Act.
31 (3) A duly incorporated or registered corporation
32 or limited liability company allowed to do business in
33 Illinois that is authorized by its articles of
34 incorporation or organization to engage in the business
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1 of conducting a locksmith agency, provided that at least
2 one officer or executive employee of a corporation or one
3 member of a limited liability company is licensed as a
4 locksmith under this Act, and provided that person agrees
5 in writing on a form acceptable to the Department to
6 assume full responsibility for the operation of the
7 agency and the directed actions of the agency's
8 employees, and further provided that all unlicensed
9 officers and directors of the corporation or members of
10 the limited liability company are determined by the
11 Department to be persons of good moral character.
12 An individual licensed locksmith operating under a
13 business name other than the licensed locksmith's own name
14 shall not be required to obtain a locksmith agency license if
15 that licensed locksmith does not employ any persons to engage
16 in the practice of locksmithing.
17 An applicant for licensure as a locksmith agency shall
18 submit to the Department proof of insurance sufficient for
19 the agency's business circumstances. The Department shall
20 promulgate rules specifying minimum insurance requirements.
21 This insurance requirement is a continuing requirement for
22 licensure.
23 No licensed locksmith may be the licensed locksmith
24 responsible for the operation of more than one agency except
25 for any individual who submits proof to the Department that,
26 on the effective date of this amendatory Act of 1995, he or
27 she is actively responsible for the operations of more than
28 one agency. A licensed private alarm contractor who is
29 responsible for the operation of a licensed private alarm
30 contractor agency and who is a licensed locksmith may also be
31 the licensed locksmith responsible for the operation of a
32 locksmith agency.
33 Upon written request by a representative of an agency
34 within 10 days after the loss of a responsible licensed
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1 locksmith of an agency, because of the death of that
2 individual or because of the unanticipated termination of the
3 employment of that individual, the Department shall issue a
4 temporary permit allowing the continuing operation of a
5 previously licensed locksmith agency. No temporary permit
6 shall be valid for more than 90 days. An extension for an
7 additional 90 days may be granted by the Department for good
8 cause shown and upon written request by a representative of
9 the agency. No more than 2 extensions may be granted to any
10 agency. No temporary permit shall be issued to any agency
11 due to the loss of the responsible locksmith because of
12 disciplinary action by the Department.
13 (i) Proprietary Security Force. All commercial or
14 industrial operations that employ 5 or more persons as armed
15 security guards and all financial institutions that employ
16 armed security guards shall register their security forces
17 with the Department on forms provided by the Department.
18 All armed security guard employees of the registered
19 proprietary security force shall be required to complete a
20 20-hour basic training course and 20-hour firearm training
21 course in accordance with administrative rules.
22 Each proprietary security force shall be required to
23 apply to the Department, on forms supplied by the Department,
24 for the issuance of a firearm authorization card, in
25 accordance with administrative rules, for each armed employee
26 of the security force.
27 The Department shall prescribe rules for the
28 administration of this Section.
29 (j) Any licensed agency that operates a branch office as
30 defined in this Act shall apply for a branch office license.
31 (Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98;
32 90-602, eff. 6-26-98; 91-357, eff. 7-29-99.)
33 (225 ILCS 446/80)
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1 Sec. 80. Employee requirements. All employees of a
2 licensed agency, other than those exempted, shall apply for a
3 Permanent Employee Registration Card. The holder of an
4 agency certificate issued under this Act, known in this Act
5 as "employer", may employ in the conduct of his or her
6 business employees under the following provisions:
7 (a) No person shall be issued a permanent employee
8 registration card who:
9 (1) Is under 18 years of age.
10 (2) Is under 21 years of age if the services will
11 include being armed.
12 (3) Has been determined by the Department to be
13 unfit by reason of conviction of an offense in this or
14 another state, other than a minor traffic offense. The
15 Department shall promulgate rules for procedures by which
16 those circumstances shall be determined and that afford
17 the applicant due process of law.
18 (4) Has had a license or permanent employee
19 registration card refused, denied, suspended, or revoked
20 under this Act.
21 (5) Has been declared incompetent by any court of
22 competent jurisdiction by reason of mental disease or
23 defect and has not been restored.
24 (6) Has been dishonorably discharged from the armed
25 services of the United States.
26 (b) No person may be employed by a private detective
27 agency, private security contractor agency, or private alarm
28 contractor agency, or locksmith agency under this Section
29 until he or she has executed and furnished to the employer,
30 on forms furnished by the Department, a verified statement to
31 be known as "Employee's Statement" setting forth:
32 (1) The person's full name, age, and residence
33 address.
34 (2) The business or occupation engaged in for the 5
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1 years immediately before the date of the execution of the
2 statement, the place where the business or occupation was
3 engaged in, and the names of employers, if any.
4 (3) That the person has not had a license or
5 employee registration refused, revoked, or suspended
6 under this Act.
7 (4) Any conviction of a felony or misdemeanor.
8 (5) Any declaration of incompetency by a court of
9 competent jurisdiction that has not been restored.
10 (6) Any dishonorable discharge from the armed
11 services of the United States.
12 (7) Any other information as may be required by any
13 rule of the Department to show the good character,
14 competency, and integrity of the person executing the
15 statement.
16 (c) Each applicant for a permanent employee
17 registration card shall submit to the Department with the
18 applicable fees, on fingerprint cards furnished by the
19 Department, 2 complete sets of fingerprints that are verified
20 to be those of the applicant. If an applicant's fingerprint
21 cards are returned to the Department as unclassifiable by the
22 screening agency, the applicant has 90 days after
23 notification is sent by the Department to submit additional
24 fingerprint cards taken by a different technician to replace
25 the unclassifiable fingerprint cards.
26 The Department shall notify the submitting licensed
27 agency within 10 days if the applicant's fingerprint cards
28 are returned to the Department as unclassifiable. However,
29 instead of submitting fingerprint cards, an individual may
30 submit proof that is satisfactory to the Department that an
31 equivalent security clearance has been conducted. Also, a
32 full-time peace officer or an individual who has retired as a
33 peace officer within 12 months of application may submit
34 verification, on forms provided by the Department and signed
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1 by one's employer, of his or her full-time employment as a
2 peace officer. "Peace officer" means any person who by
3 virtue of his or her office or public employment is vested by
4 law with a duty to maintain public order or to make arrests
5 for offenses, whether that duty extends to all offenses or is
6 limited to specific offenses; officers, agents, or employees
7 of the federal government commissioned by federal statute to
8 make arrests for violations of federal criminal laws are
9 considered peace officers.
10 (d) Upon receipt of the verified fingerprint cards, the
11 Department shall cause the fingerprints to be compared with
12 fingerprints of criminals now or hereafter filed with the
13 Illinois Department of State Police. The Department may also
14 cause the fingerprints to be checked against the fingerprints
15 of criminals now or hereafter filed in the records of other
16 official fingerprint files within or without this State. The
17 Department shall issue a permanent employee registration
18 card, in a form the Department prescribes, to all qualified
19 applicants. The Department shall notify the submitting
20 licensed agency within 10 days upon the issuance of or intent
21 to deny the permanent employee registration card. The holder
22 of a permanent employee registration card shall carry the
23 card at all times while actually engaged in the performance
24 of the duties of his or her employment. Expiration and
25 requirements for renewal of permanent employee registration
26 cards shall be established by rule of the Department.
27 Possession of a permanent employee registration card does not
28 in any way imply that the holder of the card is employed by
29 an agency unless the permanent employee registration card is
30 accompanied by the employee identification card required by
31 subsection (g) of this Section.
32 (e) Within 5 days of the receipt of the application
33 materials, the Department shall institute an investigation
34 for a criminal record by checking the applicant's name with
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1 immediately available criminal history information systems.
2 (f) Each employer shall maintain a record of each
3 employee that is accessible to the duly authorized
4 representatives of the Department. The record shall contain
5 the following information:
6 (1) A photograph taken within 10 days of the date
7 that the employee begins employment with the employer.
8 The photograph shall be replaced with a current
9 photograph every 3 calendar years.
10 (2) The employee's statement specified in
11 subsection (b) of this Section.
12 (3) All correspondence or documents relating to the
13 character and integrity of the employee received by the
14 employer from any official source or law enforcement
15 agency.
16 (4) In the case of former employees, the employee
17 identification card of that person issued under
18 subsection (g) of this Section.
19 (5) Each employee record shall duly note if the employee
20 is employed in an armed capacity. Armed employee files shall
21 contain a copy of an active Firearm Owners Identification
22 Card and a copy of an active Firearm Authorization Card.
23 (6) Each employer shall maintain a record for each armed
24 employee of each instance in which the employee's weapon was
25 discharged during the course of his or her professional
26 duties or activities. The record shall be maintained on
27 forms provided by the Department, a copy of which must be
28 filed with the Department within 15 days of an instance. The
29 record shall include the date and time of the occurrence, the
30 circumstances involved in the occurrence, and any other
31 information as the Department may require. Failure to
32 provide this information to the Department or failure to
33 maintain the record as a part of each armed employee's
34 permanent file is grounds for disciplinary action. The
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1 Department, upon receipt of a report, shall have the
2 authority to make any investigation it considers appropriate
3 into any occurrence in which an employee's weapon was
4 discharged and to take disciplinary action as may be
5 appropriate.
6 (7) The Department may, by rule, prescribe further record
7 requirements.
8 (g) Every employer shall furnish an employee
9 identification card to each of his or her employees. This
10 employee identification card shall contain a recent
11 photograph of the employee, the employee's name, the name and
12 agency certification number of the employer, the employee's
13 personal description, the signature of the employer, the
14 signature of that employee, the date of issuance, and an
15 employee identification card number.
16 (h) No employer may issue an employee identification
17 card to any person who is not employed by the employer in
18 accordance with this Section or falsely state or represent
19 that a person is or has been in his or her employ. It is
20 unlawful for an applicant for registered employment to file
21 with the Department the fingerprints of a person other than
22 himself or herself, or to fail to exercise due diligence in
23 resubmitting replacement fingerprints for those employees who
24 have had original fingerprint submissions returned as
25 unclassifiable.
26 (i) Every employer shall obtain the identification card
27 of every employee who terminates employment with him or her.
28 (j) Every employer shall maintain a separate roster of
29 the names of all employees currently working in an armed
30 capacity and submit the roster to the Department on request.
31 (k) No agency may employ any person under this Act
32 unless:
33 (1) The person possesses a valid permanent employee
34 registration card or the person has a valid license under
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1 this Act;or
2 (2) The agency:
3 (i) on behalf of each person completes in its
4 entirety and submits to the Department an
5 application for a permanent employee registration
6 card, including the required fingerprint card and
7 fees;
8 (ii) exercises due diligence to ensure that
9 the person is qualified under the requirements of
10 the Act to be issued a permanent employee
11 registration card; and
12 (iii) maintains a separate roster of the names
13 of all employees whose applications are currently
14 pending with the Department and submits the roster
15 to the Department on a monthly basis. Rosters are
16 to be maintained by the agency for a period of at
17 least 24 months.
18 (l) Failure by an agency to submit the application,
19 fees, and fingerprints specified in this Section before
20 scheduling the person for work shall result in a fine, in an
21 amount up to $1,000, or other disciplinary action being
22 imposed against the agency. Failure to maintain and submit
23 the specified rosters is grounds for discipline under this
24 Act.
25 (m) No person may be employed under this Section in any
26 capacity if:
27 (i) The person while so employed is being paid by
28 the United States or any political subdivision for the
29 time so employed in addition to any payments he or she
30 may receive from the employer.
31 (ii) The person wears any portion of his or her
32 official uniform, emblem of authority, or equipment while
33 so employed except as provided in Section 30.
34 (n) If information is discovered affecting the
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1 registration of a person whose fingerprints were submitted
2 under this Section, the Department shall so notify the agency
3 that submitted the fingerprints on behalf of that person.
4 (Source: P.A. 91-357, eff. 7-29-99.)
5 (225 ILCS 446/150)
6 Sec. 150. Cease and desist orders. Whenever the
7 Department has reason to believe that a person, firm,
8 association, or corporation has violated any provision of
9 Section 15 of this Act, the Department may issue a rule to
10 show cause why an order to cease and desist should not be
11 entered against that person, firm, association, or
12 corporation. The rule shall clearly set forth the grounds
13 relied upon by the Department and shall provide a period of 7
14 days from the date of the rule to file an answer to the
15 satisfaction of the Department. Failure to answer to the
16 satisfaction of the Department shall cause an order to cease
17 and desist to be issued immediately. The Department may
18 conduct hearings and issue cease and desist orders to persons
19 who engage in activities prohibited by this Act. Any person
20 in violation of a cease and desist order entered by the
21 Department is subject to all of the remedies provided by law
22 and, in addition, is subject to a civil penalty payable to
23 the party injured by the violation.
24 (Source: P.A. 88-363.)
25 (225 ILCS 446/155)
26 Sec. 155. Penalties.
27 (a) In addition to any other penalty provided by law,
28 any person, firm, association, or corporation who violates
29 Section 15 of this Act or any other provision of this Act
30 shall forfeit and pay a civil penalty to the Department in an
31 amount not to exceed $5,000 for each offense as determined by
32 the Department. The civil penalty shall be assessed by the
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1 Department in accordance with the provisions set forth in
2 Sections 130, 135, 140, 160 and 170.
3 (b) The Department has the authority and power to
4 investigate any and all unlicensed activity.
5 (c) The civil penalty shall be paid within 60 days after
6 the effective date of the order imposing the civil penalty.
7 The order shall constitute a judgment and may be filed and
8 execution had thereon in the same manner as any judgment from
9 any court of record.
10 (Source: P.A. 88-363.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.".