[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0815
SB452 Enrolled LRB9100558ACtmA
AN ACT to amend the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 is amended by changing
Sections 5, 75, 77, 80, 150, and 155 as follows:
(225 ILCS 446/5)
Sec. 5. Definitions. In this Act:
"Armed employee" means a licensee or a person who is
currently employed by an agency certified under this Act who
is armed while engaged in the performance of official duties
within the course and scope of his or her employment or
exclusively employed by an employer during the hours or times
he or she is scheduled to work for that employer, or is
commuting between his or her home and place of employment,
provided the commuting is accomplished within one hour from
departure from home or place of employment, and there exists
an employer/employee relationship, whose full or part-time
duties include the wearing, carrying or possessing of a
firearm in the performance of those duties.
"Board" means the Illinois Private Detective, Private
Alarm, Private Security, and Locksmith Board.
"Department" means the Illinois Department of
Professional Regulation.
"Director" means the Director of the Department of
Professional Regulation.
"Person" means a natural person.
"Private alarm contractor" means any person who engages
in a business that sells, installs, monitors, maintains,
alters, repairs, replaces, services, or responds to alarm
systems, including fire alarm systems, at protected premises
or at premises to be protected on an emergency basis and not
as a full-time security guard; but does not include a person,
firm, or corporation that manufactures or sells alarm systems
only from its place of business and does not sell, install,
monitor, maintain, alter, repair, replace, service, or
respond to alarm systems at protected premises or premises to
be protected or a licensed electrical contractor who repairs
or services fire alarm systems on an "emergency call-in
basis", or who sells, installs, maintains, alters, and
repairs, or services fire alarm systems.
"Private alarm contractor agency" means any person, firm,
association, or corporation that engages in the private alarm
contractor business and employs one or more persons in
conducting the business.
"Private detective" means any person who by any means,
including but not limited to manual or electronic methods,
engages in the business of, accepts employment to furnish, or
agrees to make or makes investigations for fees or other
valuable consideration to obtain information with reference
to:
(1) Crime or wrongs done or threatened against the
United States or any state or territory of the United
States.
(2) The identity, habits, conduct, business
occupation, honesty, integrity, credibility, knowledge,
trustworthiness, efficiency, loyalty, activity,
movements, whereabouts, affiliations, associations,
transactions, acts, reputation, or character of any
person, firm, association, or corporation, by any means,
manually or electronically.
(3) The location, disposition, or recovery of lost
or stolen property.
(4) The cause, origin, or responsibility for fires,
accidents, or injuries to real or personal property.
(5) The truth or falsity of any statement or
representation.
(6) Securing evidence to be used before any court,
board, officer, or investigating committee.
(7) Personal protection of individuals from bodily
harm or death (bodyguard functions).
(8) Service of process in criminal and civil
proceedings without court order.
"Private detective agency" means any person, firm,
association, or corporation that engages in the private
detective business and employs one or more persons in
conducting the business.
"Private security contractor" means any person who
engages in the business of providing a private guard,
watchman, patrol service, or any like service by any other
title or name on a contractual basis for another person,
firm, association, or corporation for a fee or other valuable
consideration and performing one or more of the following
functions:
(1) The prevention or detection of intrusion,
entry, theft, vandalism, abuse, fire, or trespass on
private or governmental property.
(2) The prevention, observation, or detection of
any unauthorized activity on private or governmental
property.
(3) The protection of patrons and persons lawfully
authorized to be on the premises of the person, firm,
association, or corporation for whom he or she
contractually is obligated to provide security services.
(4) The prevention of the misappropriation or
concealment of goods, money, bonds, stocks, notes,
valuable documents, or papers.
(5) The control, regulation, or direction of the
flow or movement of the public, whether by vehicle or
otherwise, only to the extent and for the time directly
and specifically required to assure the protection of
property on property owned or controlled by the client.
(6) The protection of individuals from bodily harm
or death (bodyguard functions).
"Private security contractor agency" means any person,
firm, association, or corporation that engages in the private
security contractor business and that employs one or more
persons in conducting the business.
"Locksmith" means a person who has received a license
under this Act and who engages in the practice of
locksmithing as defined in this Act.
"Locksmith agency" means any person, firm, association,
or corporation that engages in the locksmith business and
that employs one or more persons in conducting the business.
"The practice of locksmithing" includes, but is not
limited to, the servicing, installing, originating first
keys, re-coding, manipulation, or bypassing of mechanical or
electronic locking devices at premises, vehicles, safes,
vaults, safe deposit boxes, or automatic teller machines.
"Public member" means a person who is not a licensee or a
relative of a licensee, or who is not an employer or an
employee of a licensee. The term "relative" shall be
determined by rules of the Department.
"In charge" means the individual licensee whose name and
license number appear on a certificate of registration for a
detective, private security contractor, private alarm
contractor, or locksmith agency is a full-time executive
employee or owner who assumes full responsibility for all
employees of the agency and for their directed actions, and
assumes full responsibility for maintaining all records
required by this Act or rule of the Department and is
responsible for otherwise assuring compliance with this Act.
Records shall be maintained at a location in Illinois and the
address of the location filed with the Department and
accessible to Department representatives in accordance with
Section 115 of this Act. This does not relieve any person,
firm, association, or corporation licensed as an agency under
this Act from also assuming full responsibility for
compliance with this Act. It is the responsibility of the
licensee in charge to notify the Department, in writing
within 10 days, when the licensee terminates his or her in
charge relationship with an agency.
"Permanent employee registration card" means a card
issued by the Department to an individual who has applied to
the Department and has been found to be employable by an
agency certified under this Act.
"Firearm authorization card" means a card issued by the
Department that authorizes the holder to carry a weapon
during the performance of his or her duties as specified
under Section 180 of this Act.
"Burglar alarm system" means any system, including an
electronic access system or other electronic security system,
that activates an audible, visible, or remote signal that
requires a response and is designed for the prevention or
detection of intrusion, entry, theft, vandalism, or trespass.
"Fire alarm system" means any system that is activated by
any automatic or manual device in the detection of smoke,
heat, or fire that activates an audible, visible, or remote
signal that requires response.
"Branch office" means any business location removed from
the place of business for which an agency license has been
issued.
"Armed proprietary security force" means any security
force made up of 5 or more armed individuals employed in a
commercial or industrial operation; one or more armed
individuals employed in a financial operation as security
guards for the protection of persons; or one or more armed
individuals employed for the protection of private property
related to a commercial, industrial, or financial operation.
"Association" means 2 or more persons joined together for
a business purpose.
"Firm" means any unincorporated business entity or
enterprise, including but not limited to proprietorships and
partnerships.
"Corporation" means any artificial person or legal entity
created by or under the authority of the laws of a state.
(Source: P.A. 88-363; 89-366, eff. 1-1-96.)
(225 ILCS 446/75)
Sec. 75. Qualifications for licensure and agency
certification.
(a) Private Detective. A person is qualified to receive
a license as a private detective if he or she meets all of
the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good character is
a continuing requirement of licensure. Conviction of
crimes not listed in paragraph (2) of subsection (a) of
this Section may be used in determining moral character,
but does not operate as an absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application
working full-time for a licensed private detective agency
as a registered private detective employee or with 3
years experience out of the 5 years immediately preceding
his or her application employed as a full-time
investigator for a licensed attorney or in a law
enforcement agency of a federal or State political
subdivision, which shall include a State's Attorney's
office or a Public Defender's office, such full-time
investigator experience to be approved by the Board and
the Department.; or An applicant who has obtained a
baccalaureate degree in police science or a related field
or a business degree from an accredited college or
university shall be given credit for 2 of the 3 years
experience required under this Section. An applicant who
has obtained an associate degree in police science or a
related field or in business from an accredited college
or university shall be given credit for one of the 3
years experience required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance
shall result in cancellation of the license by the
Department.
(b) Private security contractor. A person is qualified
to receive a license as a private security contractor if he
or she meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (b) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application as a
full-time manager or administrator for a licensed private
security contractor agency or a manager or administrator
of a proprietary security force of 30 or more persons
registered with the Department, or with 3 years
experience out of the 5 years immediately preceding his
or her application as a full-time supervisor in a law
enforcement agency of a federal or State political
subdivision, which shall include a State's Attorney's
office or Public Defender's office, such full-time
supervisory experience to be approved by the Board and
the Department.; or An applicant who has obtained a
baccalaureate degree in police science or a related field
or a business degree from an accredited college or
university shall be given credit for 2 of the 3 years
experience required under this Section. An applicant who
has obtained an associate degree in police science or a
related field or in business from an accredited college
or university shall be given credit for one of the 3
years experience required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in amount and coverage type appropriate
as determined by rule for the applicant's individual business
circumstances. The applicant shall provide evidence of
insurance to the Department before being issued a license.
This insurance requirement is a continuing requirement for
licensure. Failure to maintain insurance shall result in
cancellation of the license by the Department.
(c) Private alarm contractor. A person is qualified to
receive a license as a private alarm contractor if he or she
meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (c) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the
armed services of the United States.
(7) Has a minimum of 3 years experience out of the
5 years immediately preceding application as a full time
manager or administrator for an agency licensed as a
private alarm contractor agency, or for an entity that
designs, sells, installs, services, or monitors alarm
systems which in the judgment of the Board satisfies
standards of alarm industry competence. An individual
who has received a 4 year degree in electrical
engineering or a related field from a program approved by
the Board shall be given credit for 2 years of experience
under this item (7). An individual who has successfully
completed a national certification program approved by
the Board shall be given credit for one year of
experience under this item (7).
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance
shall result in cancellation of the license by the
Department.
Alternatively, a person is qualified to receive a license
as a private alarm contractor without meeting the
requirements of items (7), (8), and (9) of this subsection,
if he or she:
(i) applies for a license between July 1, 2000 and
August 31, 2000 September 1, 1998 and September 15, 1998,
in writing, on forms supplied by the Department;
(ii) provides proof to the Department that he or
she was engaged in the alarm contracting business on or
before January 1, 1984;
(iii) submits the photographs, fingerprints, proof
of insurance, and current license fee required by the
Department; and
(iv) has not violated Section 25 of this Act.
(d) Locksmith. A person is qualified to receive a
license as a locksmith if he or she meets all of the
following requirements:
(1) Is at least 18 years of age.
(2) Has not violated any provisions of Section 120
of this Act.
(3) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(4) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (3) of
subsection (d) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(5) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(6) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has passed an examination authorized by the
Department in the theory and practice of the profession.
(9) Has submitted to the Department proof of
insurance sufficient for the individual's business
circumstances. The Department, with input from the
Board, shall promulgate rules specifying minimum
insurance requirements. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in the cancellation of
the license by the Department. A locksmith employed by a
licensed locksmith agency or employed by a private
concern may provide proof that his or her actions as a
locksmith are covered by the insurance of his or her
employer.
(e) Private detective agency. Upon payment of the
required fee and proof that the applicant has a full-time
Illinois licensed private detective in charge, which is a
continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private detective agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private detective under
this Act.
(2) A firm or association that submits an
application in writing and all of the members of the firm
or association are licensed private detectives under this
Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a detective agency, provided at least one
officer or executive employee is licensed as a private
detective under this Act and all unlicensed officers and
directors of the corporation are determined by the
Department to be persons of good moral character.
No private detective may be the private detective in
charge for more than one agency except for an individual who,
on the effective date of this Act, is currently and actively
a licensee for more than one agency. Upon written request by
a representative of an agency within 10 days after the loss
of a licensee in charge of an agency because of the death of
that individual or because of an unanticipated termination of
the employment of that individual, the Department shall issue
a temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the
detective in charge because of disciplinary action by the
Department.
(f) Private alarm contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private alarm contractor in charge, which
is a continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private alarm contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private alarm contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members of the
firm or association are licensed private alarm
contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private alarm contractor agency, provided
at least one officer or executive employee is licensed as
a private alarm contractor under this Act and all
unlicensed officers and directors of the corporation are
determined by the Department to be persons of good moral
character.
No private alarm contractor may be the private alarm
contractor in charge for more than one agency except for any
individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of an agency within
10 days after the loss of a licensed private alarm contractor
in charge of an agency because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
and upon written request by the representative of the agency.
No more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(g) Private security contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private security contractor in charge,
which is continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private security contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private security contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members are
licensed private security contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private security contractor agency,
provided at least one officer or executive employee is
licensed as a private security contractor under this Act
and all unlicensed officers and directors of the
corporation are determined by the Department to be
persons of good moral character.
No private security contractor may be the private
security contractor in charge for more than one agency except
for any individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of the agency within
10 days after the loss of a licensee in charge of an agency
because of the death of that individual or because of the
unanticipated termination of the employment of that
individual, the Department shall issue a temporary permit
allowing the continuing operation of a previously licensed
agency. No temporary permit shall be valid for more than 90
days. An extension of an additional 90 days may be granted
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(h) Licensed locksmith agency. Upon receipt of the
required fee and proof that the applicant is an Illinois
licensed locksmith who shall assume full responsibility for
the operation of the agency and the directed actions of the
agency's employees, which is a continuing requirement for
agency licensure, the Department shall issue, without
examination, a certificate as a Locksmith Agency to any of
the following:
(1) An individual who submits an application in
writing and who is a licensed locksmith under this Act.
(2) A firm or association that submits an
application in writing and certifies that all of the
members of the firm or association are licensed
locksmiths under this Act.
(3) A duly incorporated or registered corporation
or limited liability company allowed to do business in
Illinois that is authorized by its articles of
incorporation or organization to engage in the business
of conducting a locksmith agency, provided that at least
one officer or executive employee of a corporation or one
member of a limited liability company is licensed as a
locksmith under this Act, and provided that person agrees
in writing on a form acceptable to the Department to
assume full responsibility for the operation of the
agency and the directed actions of the agency's
employees, and further provided that all unlicensed
officers and directors of the corporation or members of
the limited liability company are determined by the
Department to be persons of good moral character.
An individual licensed locksmith operating under a
business name other than the licensed locksmith's own name
shall not be required to obtain a locksmith agency license if
that licensed locksmith does not employ any persons to engage
in the practice of locksmithing.
An applicant for licensure as a locksmith agency shall
submit to the Department proof of insurance sufficient for
the agency's business circumstances. The Department shall
promulgate rules specifying minimum insurance requirements.
This insurance requirement is a continuing requirement for
licensure.
No licensed locksmith may be the licensed locksmith
responsible for the operation of more than one agency except
for any individual who submits proof to the Department that,
on the effective date of this amendatory Act of 1995, he or
she is actively responsible for the operations of more than
one agency. A licensed private alarm contractor who is
responsible for the operation of a licensed private alarm
contractor agency and who is a licensed locksmith may also be
the licensed locksmith responsible for the operation of a
locksmith agency.
Upon written request by a representative of an agency
within 10 days after the loss of a responsible licensed
locksmith of an agency, because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed locksmith agency. No temporary permit
shall be valid for more than 90 days. An extension for an
additional 90 days may be granted by the Department for good
cause shown and upon written request by a representative of
the agency. No more than 2 extensions may be granted to any
agency. No temporary permit shall be issued to any agency
due to the loss of the responsible locksmith because of
disciplinary action by the Department.
(i) Proprietary Security Force. All commercial or
industrial operations that employ 5 or more persons as armed
security guards and all financial institutions that employ
armed security guards shall register their security forces
with the Department on forms provided by the Department.
All armed security guard employees of the registered
proprietary security force shall be required to complete a
20-hour basic training course and 20-hour firearm training
course in accordance with administrative rules.
Each proprietary security force shall be required to
apply to the Department, on forms supplied by the Department,
for the issuance of a firearm authorization card, in
accordance with administrative rules, for each armed employee
of the security force.
The Department shall prescribe rules for the
administration of this Section.
(j) Any licensed agency that operates a branch office as
defined in this Act shall apply for a branch office license.
(Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98;
90-602, eff. 6-26-98; 91-357, eff. 7-29-99.)
(225 ILCS 446/77)
Sec. 77. Necessity for licensure of locksmith agencies;
grandfather provision.
(a) On or after January 1, 1997, no person shall
practice as a locksmith and no business entity shall operate
as a locksmith agency without first applying for and
obtaining a license for that purpose from the Department.
(b) Applications must be accompanied by the required
fee.
(c) In lieu of the examination given to other applicants
for licensure, the Director may issue a license to an
individual who presents proof to the Director that he or she
was actively engaged as a locksmith or as a supervisor,
manager, or administrator of a locksmith business for 3 years
out of the 5 years immediately preceding January 1, 1996 and
meets all other requirements of this Act.
(d) The application for a license without examination
shall be made to the Director within 2 years after the
effective date of this amendatory Act of 1995.
(e) A person who applies for licensure under this
Section between September 1, 2000 September 1, 1998 and
December 31, 2000 September 30, 1998 shall be exempt from
subsection (d) of this Section and shall be issued a license
upon proof of meeting all other requirements for licensure
under this Section.
(Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.)
(225 ILCS 446/80)
Sec. 80. Employee requirements. All employees of a
licensed agency, other than those exempted, shall apply for a
Permanent Employee Registration Card. The holder of an
agency certificate issued under this Act, known in this Act
as "employer", may employ in the conduct of his or her
business employees under the following provisions:
(a) No person shall be issued a permanent employee
registration card who:
(1) Is under 18 years of age.
(2) Is under 21 years of age if the services will
include being armed.
(3) Has been determined by the Department to be
unfit by reason of conviction of an offense in this or
another state, other than a minor traffic offense. The
Department shall promulgate rules for procedures by which
those circumstances shall be determined and that afford
the applicant due process of law.
(4) Has had a license or permanent employee
registration card refused, denied, suspended, or revoked
under this Act.
(5) Has been declared incompetent by any court of
competent jurisdiction by reason of mental disease or
defect and has not been restored.
(6) Has been dishonorably discharged from the armed
services of the United States.
(b) No person may be employed by a private detective
agency, private security contractor agency, or private alarm
contractor agency, or locksmith agency under this Section
until he or she has executed and furnished to the employer,
on forms furnished by the Department, a verified statement to
be known as "Employee's Statement" setting forth:
(1) The person's full name, age, and residence
address.
(2) The business or occupation engaged in for the 5
years immediately before the date of the execution of the
statement, the place where the business or occupation was
engaged in, and the names of employers, if any.
(3) That the person has not had a license or
employee registration refused, revoked, or suspended
under this Act.
(4) Any conviction of a felony or misdemeanor.
(5) Any declaration of incompetency by a court of
competent jurisdiction that has not been restored.
(6) Any dishonorable discharge from the armed
services of the United States.
(7) Any other information as may be required by any
rule of the Department to show the good character,
competency, and integrity of the person executing the
statement.
(c) Each applicant for a permanent employee
registration card shall submit to the Department with the
applicable fees, on fingerprint cards furnished by the
Department, 2 complete sets of fingerprints that are verified
to be those of the applicant. If an applicant's fingerprint
cards are returned to the Department as unclassifiable by the
screening agency, the applicant has 90 days after
notification is sent by the Department to submit additional
fingerprint cards taken by a different technician to replace
the unclassifiable fingerprint cards.
The Department shall notify the submitting licensed
agency within 10 days if the applicant's fingerprint cards
are returned to the Department as unclassifiable. However,
instead of submitting fingerprint cards, an individual may
submit proof that is satisfactory to the Department that an
equivalent security clearance has been conducted. Also, a
full-time peace officer or an individual who has retired as a
peace officer within 12 months of application may submit
verification, on forms provided by the Department and signed
by one's employer, of his or her full-time employment as a
peace officer. "Peace officer" means any person who by
virtue of his or her office or public employment is vested by
law with a duty to maintain public order or to make arrests
for offenses, whether that duty extends to all offenses or is
limited to specific offenses; officers, agents, or employees
of the federal government commissioned by federal statute to
make arrests for violations of federal criminal laws are
considered peace officers.
(d) Upon receipt of the verified fingerprint cards, the
Department shall cause the fingerprints to be compared with
fingerprints of criminals now or hereafter filed with the
Illinois Department of State Police. The Department may also
cause the fingerprints to be checked against the fingerprints
of criminals now or hereafter filed in the records of other
official fingerprint files within or without this State. The
Department shall issue a permanent employee registration
card, in a form the Department prescribes, to all qualified
applicants. The Department shall notify the submitting
licensed agency within 10 days upon the issuance of or intent
to deny the permanent employee registration card. The holder
of a permanent employee registration card shall carry the
card at all times while actually engaged in the performance
of the duties of his or her employment. Expiration and
requirements for renewal of permanent employee registration
cards shall be established by rule of the Department.
Possession of a permanent employee registration card does not
in any way imply that the holder of the card is employed by
an agency unless the permanent employee registration card is
accompanied by the employee identification card required by
subsection (g) of this Section.
(e) Within 5 days of the receipt of the application
materials, the Department shall institute an investigation
for a criminal record by checking the applicant's name with
immediately available criminal history information systems.
(f) Each employer shall maintain a record of each
employee that is accessible to the duly authorized
representatives of the Department. The record shall contain
the following information:
(1) A photograph taken within 10 days of the date
that the employee begins employment with the employer.
The photograph shall be replaced with a current
photograph every 3 calendar years.
(2) The employee's statement specified in
subsection (b) of this Section.
(3) All correspondence or documents relating to the
character and integrity of the employee received by the
employer from any official source or law enforcement
agency.
(4) In the case of former employees, the employee
identification card of that person issued under
subsection (g) of this Section.
(5) Each employee record shall duly note if the employee
is employed in an armed capacity. Armed employee files shall
contain a copy of an active Firearm Owners Identification
Card and a copy of an active Firearm Authorization Card.
(6) Each employer shall maintain a record for each armed
employee of each instance in which the employee's weapon was
discharged during the course of his or her professional
duties or activities. The record shall be maintained on
forms provided by the Department, a copy of which must be
filed with the Department within 15 days of an instance. The
record shall include the date and time of the occurrence, the
circumstances involved in the occurrence, and any other
information as the Department may require. Failure to
provide this information to the Department or failure to
maintain the record as a part of each armed employee's
permanent file is grounds for disciplinary action. The
Department, upon receipt of a report, shall have the
authority to make any investigation it considers appropriate
into any occurrence in which an employee's weapon was
discharged and to take disciplinary action as may be
appropriate.
(7) The Department may, by rule, prescribe further record
requirements.
(g) Every employer shall furnish an employee
identification card to each of his or her employees. This
employee identification card shall contain a recent
photograph of the employee, the employee's name, the name and
agency certification number of the employer, the employee's
personal description, the signature of the employer, the
signature of that employee, the date of issuance, and an
employee identification card number.
(h) No employer may issue an employee identification
card to any person who is not employed by the employer in
accordance with this Section or falsely state or represent
that a person is or has been in his or her employ. It is
unlawful for an applicant for registered employment to file
with the Department the fingerprints of a person other than
himself or herself, or to fail to exercise due diligence in
resubmitting replacement fingerprints for those employees who
have had original fingerprint submissions returned as
unclassifiable.
(i) Every employer shall obtain the identification card
of every employee who terminates employment with him or her.
(j) Every employer shall maintain a separate roster of
the names of all employees currently working in an armed
capacity and submit the roster to the Department on request.
(k) No agency may employ any person under this Act
unless:
(1) The person possesses a valid permanent employee
registration card or the person has a valid license under
this Act; or
(2) The agency:
(i) on behalf of each person completes in its
entirety and submits to the Department an
application for a permanent employee registration
card, including the required fingerprint card and
fees;
(ii) exercises due diligence to ensure that
the person is qualified under the requirements of
the Act to be issued a permanent employee
registration card; and
(iii) maintains a separate roster of the names
of all employees whose applications are currently
pending with the Department and submits the roster
to the Department on a monthly basis. Rosters are
to be maintained by the agency for a period of at
least 24 months.
(l) Failure by an agency to submit the application,
fees, and fingerprints specified in this Section before
scheduling the person for work shall result in a fine, in an
amount up to $1,000, or other disciplinary action being
imposed against the agency. Failure to maintain and submit
the specified rosters is grounds for discipline under this
Act.
(m) No person may be employed under this Section in any
capacity if:
(i) The person while so employed is being paid by
the United States or any political subdivision for the
time so employed in addition to any payments he or she
may receive from the employer.
(ii) The person wears any portion of his or her
official uniform, emblem of authority, or equipment while
so employed except as provided in Section 30.
(n) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, the Department shall so notify the agency
that submitted the fingerprints on behalf of that person.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 446/150)
Sec. 150. Cease and desist orders. Whenever the
Department has reason to believe that a person, firm,
association, or corporation has violated any provision of
Section 15 of this Act, the Department may issue a rule to
show cause why an order to cease and desist should not be
entered against that person, firm, association, or
corporation. The rule shall clearly set forth the grounds
relied upon by the Department and shall provide a period of 7
days from the date of the rule to file an answer to the
satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued immediately. The Department may
conduct hearings and issue cease and desist orders to persons
who engage in activities prohibited by this Act. Any person
in violation of a cease and desist order entered by the
Department is subject to all of the remedies provided by law
and, in addition, is subject to a civil penalty payable to
the party injured by the violation.
(Source: P.A. 88-363.)
(225 ILCS 446/155)
Sec. 155. Penalties.
(a) In addition to any other penalty provided by law,
any person, firm, association, or corporation who violates
Section 15 of this Act or any other provision of this Act
shall forfeit and pay a civil penalty to the Department in an
amount not to exceed $5,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the
Department in accordance with the provisions set forth in
Sections 130, 135, 140, 160 and 170.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 88-363.)
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]